Breach suit filed by Lewis & Clark CC over Blue Bird motor coach

Steve Gonzalez Jun. 27, 2008, 10:36am

Lewis & Clark Community College filed a breach of contract complaint against Blue Bird Corporation in Madison County Circuit Court June 24, alleging it delivered a completely different motor coach than what was contracted for.

Lewis & Clark claims that on July 9, 2003, representatives of the college sought to purchase a 2004 Blue Bird Wonderlodge Motor Coach from Blue Bird causing Bryan Hays, Blue Bird's Director of Sales and Marketing, to send a letter and invoice to the college to confirm the agreement and purchase.

According to the college, it sent a deposit for the "2004 Blue Bird Wonderlodge 38' M380 prototype" to Blue Bird's headquarters in Fort Valley, Ga. and on July 31, 2003, issued a check based upon the invoice that was sent to them.

According to Lewis & Clark, on Aug. 14, 2003, it issued another payment which caused Hayes to send a letter to the Illinois Department of Commerce and Economic Opportunity offering its support as a sponsor of the Illinois Lewis & Clark Bicentennial and in support of its sponsorship agreed to sell a "2004 Blue Bird Wonderlodge 38' M380 prototype"

The college also claims a certificate of origin for a vehicle was transferred from Blue Bird for a 2003 Blue Bird model which contained completely different specifications than previously indicated.

"Blue Bird Corporation knew that they delivered a different Blue Bird Wonderlodge Motor Coach that what plaintiff contracted for," the complaint states.

Lewis & Clark claims Blue Bird made statements which were false and with the intent of deceiving and defrauding plaintiff and inducing it to pay for a different vehicle.

The college also claims Blue Bird violated the Illinois Consumer Fraud Act and is entitled to statutory remedies made available under the act.

"By failing to disclose material facts, defendant reasonably knew and intended that plaintiff would be deprived of the opportunity to obtain a similar motor coach from another company," the complaint states.

"By concealing the material facts alleged, Blue Bird engaged in a deceptive practice which constitutes unlawful, unfair and fraudulent business practices within the meaning of the Illinois Consumer Fraud Act," the complaint also states.

Represented by Rodney Caffey of the Lakin Law Firm in Wood River, Lewis & Clark is seeking damages in excess of $50,000, plus costs.

The case has been assigned to Circuit Judge David Hylla.

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