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JOHNSON v. EARNHARDT'S GILBERT DODGE, INC.

No. CV-05-0204-PR.

132 P.3d 825 (2006)

212 Ariz. 381

Brenda JOHNSON, Plaintiff-Appellant, v. EARNHARDT'S GILBERT DODGE, INC., Defendant-Appellee.

Supreme Court of Arizona, En Banc.

April 25, 2006.

Attorney(s) appearing for the Case

Krohn & Moss, Ltd. by Marshall Meyers, Phoenix, Attorney for Brenda Johnson.

Mary LaRue Walker, Chandler, and Osborn Maledon, P.A. by Thomas L. Hudson, Jason J. Romero, Phoenix, Attorneys for Earnhardt's Gilbert Dodge, Inc.

Sacks Tierney P.A., by James W. Armstrong, Gaye L. Gould, Scottsdale, Attorneys for Amici Curiae Arizona Automobile Dealers Association and Arizona Recreational Vehicle Dealers Association.

Bowman and Brooke LLP, by Negatu Molla, Abram N. Bowman, Phoenix, Attorneys for Amicus Curiae DaimlerChrysler Corporation.

OPINION

RYAN, Justice.

¶ 1 With most goods, "a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind." Ariz.Rev.Stat. ("A.R.S.") § 47-2314(A) (2005). However, the implied warranty of merchantability for the sale of a used motor vehicle may be limited to fifteen days or five hundred miles, whichever occurs first. A.R.S. § 44-1267(B) (2003). To limit...

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