Burke et al v. THOR Motor Coach, Inc. et al, No. 3:2015cv00075 - Document 29 (E.D. Va. 2015)
Court Description: OPINION. See for complete details. Signed by District Judge John A. Gibney, Jr., on 07/08/2015. (ccol, )
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Burke et al v. THOR Motor Coach, Inc. et al Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division GENE MARTIN BURKE, et al. Plaintiffs, V. Case No. 3:15-cv-75 THOR MOTOR COACH, INC., et ai.. Defendants. OPINION In 2014, Gene and Virginia Burke bought a brand new RV made by THOR Motor Coach, Inc. ("Thor"), with a chassis manufactured by Freightliner Custom Chassis Corporation ("FCCC"). The RV turned out to be a lemon, according to the Burkes. After several unsuccessful attempts to resolve various mechanical and aesthetic problems, the Burkes sued both Thor and FCCC under both federal and state warranty enforcement laws. Thor filed the instant motion to dismiss, arguing that Virginia's lemon law excludes from liability all motorhome manufacturers except those that make the vehicle's chassis. Case law on this point conflicts, so Thor asks this Court to certify the question to the Supreme Court of Virginia. After considering the statute's language, the Court concludes that Virginia's lemon law attaches liability to motor home defects only with respect to the motor home's "self-propelled motorized chassis." Because Thor did not manufacture the chassis in question, Thor carmot be held liable under Virginia's lemon law. Accordingly, the Court denies the motion to certify and grants the motion to dismiss Count II as against Thor. Dockets.Justia.com
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