2018 Nebraska Revised Statutes
Chapter 60 - MOTOR VEHICLES
60-2701 Terms, defined.
60-2701. Terms, defined.
As used in sections 60-2701 to 60-2709, unless the context otherwise requires:
(1) Consumer shall mean the purchaser, other than for purposes of resale, of a motor vehicle normally used for personal, family, household, or business purposes, any person to whom such motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty;
(2) Motor vehicle shall mean a new motor vehicle as defined in section 60-1401.30 which is sold in this state, excluding recreational vehicles as defined in section 60-347; and
(3) Manufacturer's express warranty shall mean the written warranty, so labeled, of the manufacturer of a new motor vehicle.
- Laws 1983, LB 155, § 1;
- Laws 1989, LB 280, § 10;
- Laws 2005, LB 274, § 266;
- Laws 2010, LB816, § 89.
A precise or specific defect does not need to be proved in order to find a product defective under either article 2 of the Uniform Commercial Code or sections 60-2701 to 60-2709. Genetti v. Caterpillar, Inc., 261 Neb. 98, 621 N.W.2d 529 (2001).
An action under sections 60-2701 to 60-2709 is an action at law. Genetti v. Caterpillar, Inc., 261 Neb. 98, 621 N.W.2d 529 (2001).
Under section 60-2708, a theory of recovery under sections 60-2701 to 60-2709 may be brought together with other theories of recovery. Theories of recovery for both breach of warranty and for recovery under sections 60-2701 to 60-2709 may be submitted to the jury, but once a plaintiff receives verdicts under both theories of recovery, he or she must elect between them. Genetti v. Caterpillar, Inc., 261 Neb. 98, 621 N.W.2d 529 (2001).