Lemons v. Showcase
In Lemons v. Showcase, 207 Ariz. 537, 88 P.3d 1149 (App. 2004) Showcase asserted that it was not a party to a service contract it sold Lemons at the time it sold her a Dodge Durango.
The service plan sold by Showcase was offered by Mechanical Protection Plan. Indeed, pursuant to that service contract it was not evident that Showcase had any obligation to provide service or repairs on the automobile Showcase sold Lemons, although Lemons argued that Showcase had made oral representations to this effect.
Showcase thus asserted it was able to limit any implied warranty on the vehicle in conjunction with state law and summary judgment had been appropriately granted in its favor.
However, on appeal the Court noted that under the contract between Showcase and Mechanical Protection Plan, which had not been provided to Lemons until after she had responded to Showcase's motion for summary judgment, there were provisions that suggested that Showcase and not Mechanical Protection Plan was the actual party contracting with Lemons to provide the vehicle service.
The Court thus reversed the summary judgment and remanded for further proceedings.