Suit alleging Cardinal Buick sold defective vehicle is dismissed

By Heather Isringhausen Gvillo | May 17, 2019

St. Clair County Circuit Judge Heinz Rudolf dismissed a woman’s complaint against a car dealership alleging she was sold a defective GMC Acadia that was later repossessed after the defendant refused to make repairs.

On April 8, Rudolf dismissed the complaint with prejudice with each party to bear their own court costs.

Plaintiff Ashley Rick filed a stipulation for dismissal with prejudice on March 21 after the parties reached a settlement.

Rick filed the complaint on Oct. 26, 2018 against Cardinal Buick GMC Inc. and Credit Acceptance Corp., alleging violation of the Illinois Consumer Fraud Act.

In her complaint, Rick alleged she bought a used 2007 GMC Acadia from Cardinal Buick on April 25 for $13,025. Cardinal Buick allegedly received the vehicle a few hours before it was sold to Rick. The vehicle had a damaged windshield, which Cardinal Buick agreed to replace at no additional charge.

The purchase was financed through Credit Acceptance with monthly payments of $379.24.

However, Rich claimed that as soon as she accepted delivery of the vehicle and drove it home, the engine light came on with two codes indicating that the transmission was defective and that a solenoid needed replacement.

She returned the vehicle to Cardinal Buick roughly one or two days after the purchase and demanded the repairs. Cardinal Buick allegedly told Rick that it was too busy to repair the vehicle at that time and she should bring it back when the replacement windshield arrived.

Rick informed the defendant that there was a 15-day window for the repairs, and if she brought the vehicle back after the 15 days then Cardinal Buick might refuse to make the repairs, the suit stated. The defendant still refused to perform the repairs at that time.

Rick allegedly brought the vehicle back a week later and against demanded the repairs. The defendant again refused to make the repairs.

Rick claimed that after paying four monthly installments, she stopped making the payments because the repairs had not been made. Cardinal Buick repossessed the vehicle.

As a result, Rick alleged she has the lost $2,000 she made in a down payment and $1,516.96 in monthly payments.

She alleged the defendants engaged in consumer fraud through deceptive practices, false pretenses, misrepresentations and concealment. She claims the defendants represented that the vehicle was in good condition when they knew it had a defective transmission and solenoid.

Rick sought $10,616.96 for compensatory damages, $30,000 in attorney’s fees and $100,000 in punitive damages.

Rick was represented by attorney David M. Duree of David M. Duree & Associates PC in O’Fallon.

Credit Acceptance Corp. was represented by James J. Morrissey of Pilgrim Christakis LLP in Chicago.

Cardinal Buick GMC Inc. was represented by Michael L. Wagner of Clayborne Sabo and Wagner in Belleville.

St. Clair County Circuit Court case number 18-L-686

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