Of mice and men: Honda damages are overturned
#1
Of mice and men: Honda damages are overturned
http://seattlepi.nwsource.com/local/145074_mice23.html
Of mice and men: Honda damages are overturned
THE ASSOCIATED PRESS
BOISE, Idaho -- Some things just aren't covered by the warranty.
The Idaho Supreme Court overturned an award for damages given to a Kootenai County couple after they were sold a Honda van that was invaded by mice.
The high court ruled unanimously yesterday that Robert and Joan Powers did not prove that American Honda Motor Co. Inc. was responsible for mice getting into the van, leaving droppings all over and creating an unacceptable smell. The company earlier had been ordered to pay the couple $10,250.
"The implied warranty cannot be read to require the distribution of a mouse-proof vehicle," Justice Gerald Schroeder wrote for the five-member court.
Boise attorney Gale Merrick, who represented the automaker, said the Supreme Court ruling reinforced the company's contention that there was no evidence that mice got into the van because of some manufacturing defect.
"They could have left the windows down or a door open," Merrick said. "They could not show any specific place where the mice could enter the vehicle."
Just a week after buying the van in May 1995, the Powers took it back to the dealer, complaining about the mouse droppings. The dealer, K&K Motors Inc. of Spokane, checked it out and said the source of the problem could not be found.
The Powers, who live in a rural farm area near Coeur d'Alene, returned to the dealer a month later after the droppings and smell got worse.
But the dealer again could not find the source of the problem, and he told the Powers that he could do no more work on the mouse problem because it was not covered by the warranty.
The Powers sued both the dealer and American Honda. After a trial in 1998, the jury dismissed any claim against the dealer but found American Honda had violated an implied warranty and ordered the damage award.
#2
Got mice chewing on wires in the engine down here. They do it when it's cold outside. Something about the insulation acting like food for them and warmth from the engine. But, guess what, still not covered by warranty. But at least it doesn't leave a foul smell of mouse dropping!
#3
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