Cassens & Sons claims it repaired at no cost an allegedly defective Dodge Durango before offering to buy the vehicle at issue in an East Eaton couple’s fraud suit.
Charles and Stacey Morgan filed a complaint on May 23 against Cassens, alleging it violated the Illinois Consumer Fraud and Deceptive Business Practices Act.
In their complaint, the plaintiffs allege Cassens knowingly sold them a defective 2017 Dodge Durango. The Morgans allege Cassens told them that the vehicle was new and free from any defects. However, after they purchased the vehicle, they discovered that it would "vibrate, rattle and shake when driven under normal circumstances and at normal speeds” and that the rear exhaust would melt the bumper, the complaint states.
They also allege the defendant failed to exchange the vehicle or issue a refund.
Cassens answered the complaint on July 13 through attorney Martha Ravenhill of Heyl Royster Voelker & Allen PC in Edwardsville, denying liability.
In its affirmative defenses, the defendant argues that “all representations and statements made in the course and conduct of the sale of the vehicle at issue were not deceptive because all material representations were true to the best of defendant’s knowledge or mere opinions.”
The defendant also alleges that “all conditions of the vehicle that plaintiffs allege were defective were repaired by defendant at no cost to plaintiff.”
Cassens further alleges the plaintiffs failed to mitigate their damages by selling or trading in the vehicle at issue.
The plaintiffs are represented by Keith Short and Jack Daugherty of the Law Offices of Keith Short PC in Collinsville.
Madison County Circuit Court case number 18-L-704