State ex rel. Advance Stores Co. v. Circuit Court

Plaintiffs, a car owner and the purchaser of that car, filed suit against Advance Stores, which supplied a car battery to the original owner. The battery died shortly after the second owner purchased the car, and Advance Stores refused to provide a free replacement under the limited warranty. After the Supreme Court answered a certified question and remanded the case, the trial court allowed Plaintiffs to amend the complaint to add an additional cause of action for violation of the Magnuson-Moss Warranty Act (Act). Advance Stores moved to dismiss the third amended complaint. The trial court denied the motion in part and allowed the third amended complaint to go forward on new theories. Thereafter, Advance Stores filed this petition for a writ of prohibition, asserting that the circuit court ignored the mandate of the Supreme Court in McMahon I. The Supreme Court granted the writ and directed the circuit court to grant in full Advance Stores' motion to dismiss the third amended complaint, holding that in failing to present a claim under the Act in McMahon I, Plaintiffs were precluded from amending their complaint to assert the claim under the limited remand. View "State ex rel. Advance Stores Co. v. Circuit Court" on Justia Law