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Ex parte Kia Motors America11/21/2003
k place--that is, where (and when) the goods in alleged breach of the warranty were delivered." Id.
Under Pennsylvania law, a cause of action "arises when that is not done which should have been done." Alpha Claude Neon Corp. v. Pennsylvania Distilling Co., 325 Pa. 140, 142, 188 A. 825, 826 (1936). Relying on this rule of law, the Court of Common Pleas held that the place where an alleged breach of an implied warranty arises is the county where tender is made. Brough v. Carl Cook Auto Sales, Inc., 75 Pa. D. & C. 2d 132, 134 (1976). Therefore, that court concluded that the proper venue for asserting a breach-of-implied-warranty claim was the county where the allegedly defective car had been purchased, not the county where the injury occurred. Id.
The consumer-goods exception contained in the statute of limitations, ยง 7-2-725(2), Ala. Code 1975, does not supplant the general rule that "a breach of warranty occurs when tender of delivery is made." It merely extends the time within which a consumer may assert a breach-of-warranty claim.
In the present case, Emerald warranted the car as fit for its intended purpose when the purchaser accepted delivery of the car in Houston County. The respondents allege that the car was not fit for its intended purpose. The act giving rise to the breach-of-warranty claim against Emerald was Emerald's delivery of an allegedly defective car at its dealership in Houston County, not the accident in Florida. Therefore, the breach-of-warranty claim against Emerald arose in Houston County, even if it did not accrue, for purposes of the statute of limitations, until the date of the Florida accident; thus, venue for this action properly lies in Houston County.
Woodall, J., concurs.
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