Third Circuit Dismisses Putative Class Action Against Jaguar for Flat Battery Problem

Plaintiff Victorya Manakin bought a used Land Rover LR2 in 2012.  Since 2009, Jaguar had been aware of a problem with the cars, which it sells.  According to the court,”if a driver turned off the ignition on an LR2 while using Bluetooth for a phone call and running the navigation system, the vehicle’s infotainment system would remain on and could drain the battery overnight.”  In 2011, Jaguar sent out a bulletin with an update so that dealers could address the problem should customers complain of a “flat battery.” 

Wondering what the difference is between a flat battery and a dead battery?  Well, a flat battery is still a little bit alive.  With a dead battery there’s only one thing to do: go through its clothes and look for loose change.  Cf Billy Crystal in The Princess Bride

Ms. Manakin experienced many problems with her LR2, including a dead battery, and she attributed these problems to the flat battery issue.  She sued, purportedly on behalf of a class of similarly situated LR2 purchasers, alleging breach of express warranties, of the implied warranty of merchantability, and of the Magnusson Moss Warranty Act.  To the extent that her claims were not covered by the express warranty, she claimed that the limitations on the warranty were unconscionable.  

The district court dismissed her claims.  In Manakin v. Jaguar Land Rover North America, LLC, the Third Circuit affirmed.  As to unconscionability, the District Court correctly found that it was not unconscionable for Jaguar to fail to inform plaintiffs of a “potential defect that did not manifest in their vehicles during the warranty period.”  As to her claim that she did experience the flat-battery defect during the warranty period, the evidence simply did not support that claim.  Her battery problems arose after the car had been running for fifteen minutes.  And she complained about a noise that was not symptomatic of the flat battery problem.

While Manakin argued that matter was technical and proposed that expert testimony was needed, she provided no such testimony.  Again, advice from The Princess Bride comes in handy, at least as a cf: If you have a wheelbarrow, you should list it among your assets.