Case Background
Tamara J. Kirby bought a new fifth wheel recreational vehicle in February 2022. She alleged that the front bedroom floor bowed within the first year. She later sued the manufacturer, Keystone RV Company, in federal Court in Pennsylvania. Her Complaint, filed on June 28, 2024, also named M&T Bank Corporation. She alleged that the bank held her loan by assignment.
The Plaintiff, a Stroudsburg resident, alleged that warranty repairs dragged on for months without fixing the floor. Keystone, a Delaware corporation based in Goshen, Indiana, denied her allegations. The case went to a jury trial before Magistrate Judge Susan E. Schwab.
Cause
According to the Complaint, the Plaintiff bought a 2022 Montana High Country 373RD on February 18, 2022. She purchased it from Camping World RV Sales in Harrisburg. Keystone admitted that it manufactured or supplied the RV.
The Plaintiff alleged that she brought the RV in for warranty work on May 10, 2022. She brought it back on October 1, 2022, with a longer list of problems. That list included a bowed bedroom floor with a raised middle and a low spot near the wall.
She alleged that she tried to pick up the RV on May 26, 2023. However, she left it at the repair facility because the defects remained. The Complaint attributed the uneven floor to improper fixturing, alignment, and welding of the frame during assembly.
Injury
The Plaintiff did not claim a physical injury. Instead, she alleged that she lost the use of the RV. According to the Complaint, the RV sat out of service from October 1, 2022, until September 2023.
She further alleged that the floor height in the front bedroom varied by more than one inch. In her view, the structural defects impaired the use, value, and safety of the RV. She also alleged a risk of structural failure during transport.
Damages
The Complaint put the purchase price at no less than $129,889.60. That figure included registration charges, document fees, sales tax, and finance charges. Keystone disputed the number and cited a total sale price of $132,200.80 from the installment contract.
The Plaintiff asked for rescission or an amount equal to the price of the RV. She also sought collateral charges and incidental and consequential damages above $75,000. Under the state consumer protection law, she requested actual damages, treble damages, attorney fees, and costs.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Tamara J. Kirby
Counsel for Plaintiff(s): Christina Gill Roseman
Defendant(s): Keystone RV Company
Counsel for Defendant(s): Barry A. Kronthal | Michael Lang
Claims
The Plaintiff brought two counts. The first arose under the Magnuson Moss Warranty Act. She alleged that Keystone breached its express written warranties and the implied warranty of merchantability. She also alleged that the long repair period caused the warranty to fail of its essential purpose. She further alleged that Keystone never gave her a written copy of the warranty before the purchase.
The second count arose under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. The Plaintiff alleged that Keystone failed to honor its warranty and delivered an RV with an undisclosed structural defect. She further alleged that Keystone tried to impose warranty terms that she never agreed to.
As for M&T, the Plaintiff relied on the Holder Rule. She argued that the bank was liable for her claims up to the amount she had paid.
Defense
Keystone denied that the RV had a structural defect. It also denied that its repairs were ineffective. In its Answer, Keystone stated that the RV carried a one-year limited base warranty and a three-year limited structural warranty. It added that both appeared in the owner's manual and warranty guide that accompanied the RV.
Keystone specifically denied that Camping World acted as its agent. In addition, it pleaded the warranty terms and the installment contract as a complete or partial bar. It also argued that the Plaintiff failed to make a timely and effective rejection of the RV.
M&T Bank denied liability as well. It stated that it did not design, manufacture, or produce the RV. On March 6, 2025, the parties filed a stipulation dismissing M&T without prejudice. As a result, Keystone remained the only Defendant at trial.
Jury Verdict
The jury returned its verdict on August 26, 2026. It found that Keystone breached the implied warranty of merchantability, the express limited warranty, or both. That finding also established a violation of the Magnuson Moss Warranty Act.
Next, the jury found that the Plaintiff properly revoked her acceptance of the RV. The verdict form noted that the parties had already agreed on her recovery for that finding. Because of that answer, the jury did not fill in a separate warranty damages amount.
Finally, the jury found that Keystone violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law. It awarded the Plaintiff $98,967.90 for that violation.
Post-trial Motions
Before trial, the parties agreed that the Court would decide whether to enhance any consumer protection damages. On September 2, 2026, Magistrate Judge Schwab doubled the jury award to $197,935.80. She also awarded costs and reasonable attorney fees.
In her Order, the judge wrote that Keystone repeatedly failed to act on the RV's problems. She noted that two authorized service centers recommended returning the RV to Keystone's facility. Keystone did not do so. The Court found that this conduct rose to the level of recklessness.
The Clerk entered Judgment on September 3, 2026. The Judgment awarded the Plaintiff $129,889.60, the agreed amount for revocation of acceptance. It also awarded $197,935.80, along with costs and reasonable attorney fees. The Order directed the Plaintiff to file a fee motion within 28 days if the parties could not agree.
Court Documents:
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