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Nissan Motor Company v. Fry8/17/2000
urt abused its discretion in finding commonality because the class members who purchased used vehicles may have no claim for breach of the implied warranty of merchantability, although they have other causes of action against appellant. We remand to the trial court to determine if the establishment of sub-classes can cure this problem.
We have also concluded the trial court erred in finding that common issues predominate because class counsel (1) did not submit a trial plan and (2) did not otherwise indicate a method for resolving individual issues. We remand to the trial court for a new determination of whether, under the Bernal standards, common issues will predominate over individual issues.
This case is remanded to the trial court for further proceedings consistent with this opinion.
Publish. Tex. R. App. P. 47.3.
Opinion delivered and filed this the 17th day of August, 2000.
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