Jason Johnson claims to have had his discs scratched by his 360 and he wants revenge, damn it! This past December he sued Microsoft over the issue for $50,000, claiming that Microsoft had knowingly sold a faulty system. The original complaint had been thrown out, but Johnson was allowed to amend the complaint and return. He did so this past August. He is seeking damages from Microsoft’s “alleged violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, negligence, breach of implied warranty and strict product liability.” Madison County Circuit Judge Daniel Stack is presiding over the case and dismissed two of the counts against Microsoft, but has allowed another two to move forward.
Microsoft had moved to throw the second, amended case out entirely based on the claim that Johnson had not bought his own 360, but instead had it given to him by his wife. That don’t fly in the house of Judge Stack, though. It seems he agreed with Johnson’s lawyer that the Illinois law did give Johnson a standing to sue. Microsoft has 21 days from September 2 to respond.
Now that this has moved forward who wants to put money down on the issue being settled out of court? Maybe Johnson is a crusader, though. He could be fighting to make a point. Whose side are you on? Is Johnson just a money grubbing jerk or should Microsoft pay for the eternally malfunctioning Xbox 360?
[Via GamePolitics]
