Erickson

Erickson v. Newmar Corp.

Good Law
87 F.3d 298·96 Daily Journal DAR 7041·1996 WL 330489·35 Fed. R. Serv. 3d 345·1996 U.S. App. LEXIS 14718
United States Court of Appeals for the Ninth CircuitJune 18, 1996No. 94-15726California2,799 words

Opinion

Lead Opinion

Ferguson, J.

Pro se plaintiff, Donald Erickson, brought suit against Newmar Corporation, claiming that his motor home, which was manufactured by the defendant, was defective. Erickson alleged violations of the Consumer Product Warranty Act 1 and supplemental state law claims including breach of the implied warranty of merchantability, fraud, negligence, and breach of the implied covenant of good faith and fair dealing. After a bench trial, the district court ruled in favor of Newmar on all claims. Erickson appeals pro se and raises numerous issues, including an allegation that defense counsel tampered with his expert witness.

We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse on the grounds of witness tampering.

BACKGROUND

On June 22, 1990, Donald Erickson, a retiree, purchased a 1989 London Aire motor home from R.V.’s Unlimited, Inc. in Las Vegas, Nevada. Erickson paid $75,000 for the motor home, which was manufactured by the defendant, Newmar Corporation. Shortly thereafter, Erickson noticed cracks and bubbles in the fiberglass sidewalls, ill-fitting doors, and bowing and sagging of the motor home’s frame.

Repairs were attempted on the motor home on nine occasions, beginning…

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