Tompkins v. Defendant Automobile Dealership
Circuit Court of Cook County, Illinois (Judge Sanjay Tailor)12/02/2011
Defendant Automobile Dealership
Summary judgment granted in favor of client
On December 2, 2011, DBMS obtained summary judgment on all counts in favor of the firm's client, an automobile dealership, in an action alleging violations of the Illinois Consumer Fraud Act, common law fraud, breach of warranty of title, and breach of implied warranty.
The plaintiff sought recovery of the value of the vehicle, attorneys' fees and punitive damages against the defendants.
The plaintiff alleged that the dealership and the co-defendant dealer fraudulently misrepresented the history of a used vehicle that she purchased from the dealer. The plaintiff claimed that she was hurried through the sales process and was never informed that the dealership had bought the vehicle back from the previous owner due to repair issues concerning the window and an engine warning light indicator.
The plaintiff also claimed that the dealership's documents failed to comply with various laws governing the disclosure process and that the defendants breached the implied warranty of merchantability based on the title of the vehicle, which the plaintiff claimed was defective because it previously was branded in another state.
The defense successfully argued that it fully complied with the disclosure laws and that there was no issue of fact that the plaintiff was aware of the repair history given her numerous signatures on the paperwork acknowledging the repair history.
The defense also successfully demonstrated that it was not the actual or apparent agent of the dealer. Additionally, the defense established that an alleged breach of warranty of title does not give rise to an action for breach of implied warranty under the Magnuson Moss Warranty Act.
Judge Sanjay Tailor entered summary judgment in favor of the defendants on all counts.