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MADISON - ST. CLAIR RECORD

Friday, May 3, 2024

Auto repair shop accused of breach of contract, fraud over alleged failure to fix vehicles

Lawsuits

EDWARDSVILLE - An auto repair shop is accused of fraudulently failing to carry out repairs on two vehicles.

Ryan Klaus, Kassie Kuhner and Grace Krutchma, filed suit April 14 in Madison County Circuit Court against Cottage Hills Auto Body Shop.

Klaus and Kuhner accuse the shop of failing to repair a 1995 Chrevolet Camaro, which was owned by Kuhner.

The suit states that in March 2019, the vehicle was delivered to the defendants, who agreed to carry out the repair work in exchange for $7,300 in cash and trade-in value of the car.

They claim the defendants failed to perform the repairs, failed to return the car and parts, transferred the vehicle to an unknown location, and refused to refund any money.

The vehicle was recently delivered in a tow truck to Klaus's home but with multiple disassembled parts.

The plaintiffs allege they suffered mental anguish and spent considerable time, effort and expenses over the course of a year.

They also claim the defendants committed fraud as they "repeatedly made false statements of material facts." There was a pattern of misbehavior in the handling of the repairs, the suit states. 

Kutchma's claims for breach of contract, negligence and fraud relate to the delivery of a 2003 Nissan in November 2019. The repair work centered on the vehicle's computer and wiring.

Kutchma claims she initially paid $600 to the auto repair shop. After two months, the repairs had not been completed. Then the shop told her it did not have the proper tools to carry out the computer work, the suit states.

The plaintiff claims she then bought a code reader for $2,000 and delivered it to the defendant.

She alleges the repair shop failed to complete repairs, return the car, or refund the money. She claims to have spent $6,000 on a replacement vehicle.

The plaintiffs are all seeking more than $50,000 in damage and are represented by Brian W.  Wendler of  the Wendler Law Firm in Edwardsville.

Madison County Circuit Court case number 2020-L-0529

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