Products Liability Law Reporter

A federal district court held that purchasers of a motorhome knowingly and voluntarily waived their right to a jury trial by signing the manufacturer’s product warranty registration form.

Robert and Sandra Wulf purchased a motorhome manufactured by Thor Motor Coach, Inc. At the time of purchase, the Wulfs signed a Thor Motor Coach Product Warranty Registration Form, which contained a provision that all actions of any kind related to the motorhome would be decided by a judge, not a jury. The couple had problems with the motorhome, which was later destroyed in an electrical fire. The Wulfs sued Thor Motor Coach and others, alleging claims for negligence and strict liability defective design and manufacturing defect. The plaintiffs demanded a jury trial. The defense moved to strike the plaintiffs’ jury demand, citing the jury waiver provision in the warranty registration form.

Granting the motion, the district court noted that a knowing and voluntary standard applied to the determination of whether a party has waived a jury trial. Finding that the plaintiffs had knowingly and voluntarily waived their right to a jury, the court reasoned that the jury waiver provision in the warranty registration form was in the same font size as the rest of the document and was printed in all capital letters in a section close to the signature line. Moreover, the court said, the contract as a whole was short at two pages long, and the jury waiver provision was worded in clear, non-legalese language.

Finding that the plaintiffs had not been misled, the court concluded that the jury waiver provision applied.

Citation: Wulf v. Thor Motor Coach, Inc., 2024 WL 2213066 (D. Neb. May 16, 2024).