Nonsuit Reversed In Breach Of Implied Warranty Of Merchantability Suit.

Plaintiff brought an action against a car manufacturer for breach of implied warranty of merchantability under Civil Code section 1792. The trial court granted the manufacturer’s nonsuit on the grounds that no reasonable jury could conclude a new vehicle sunroof that spontaneously opens and closes while driving constitutes a safety hazard in violation of the implied warranty. The appellate court reversed, stating:  “T[he] minimum guarantee in the implied warranty of merchantability protects not only the vehicle purchaser, but other motorists, passengers, pedestrians, and the public generally. Here, a reasonable jury could conclude that a vehicle sunroof that opens and closes on its own creates a substantial safety hazard. (Brand v. Hyundai Motor America (Cal. App. Fourth Dist., Div. 3; June 17, 2014) (As modified July 16, 2014) 226 Cal.App.4th 1538, [173 Cal.Rptr.3d 454].)