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Homeowner alleges door company delivered wrong door, refused refund

MADISON - ST. CLAIR RECORD

Monday, November 25, 2024

Homeowner alleges door company delivered wrong door, refused refund

Lawsuits
Daviddureenew

Duree

EDWARDSVILLE -- A Highland homeowner is suing a door company for delivering the wrong decorative garage door and then refusing to refund her down payment. 

Shelley Gibbs filed a lawsuit on Dec. 16 in the Madison County Circuit Court against Edwardsville Door Company, alleging violation of the Illinois Consumer Fraud Act, breach of contract and fraud.

According to the lawsuit, Gibbs paid $5,000 down for the purchase of a garage door from the defendant in March 2021 which was shown to be all glass and would be part of the dining room in the new home Gibbs was constructing in Highland. The door included a "man door," which allowed people to enter and exit the house through the door. In September 2021, an all metal garage door with a man door only 49" in height was delivered.

"Use of special garage doors in the construction of new homes is a current fashion trend," the suit states. "These special garage doors are not intended to act as an actual garage door, but instead are intended for cosmetic purposes."

Gibbs claims Edwardsville Door Company refused to remove the metal door and refund the down payment. Gibbs claims she had to purchase a new door from a different company.

She alleges the defendant breached its contract with Gibbs by delivering an incorrect door that was not the same as the one Gibbs had picked and to have committed fraud by falsely representing the door available for purchase.

Gibbs claims she was caused to suffer additional costs and damages.

Gibbs seeks compensatory and punitive damages, attorneys fees and costs of suit in excess of $250,000. Gibbs is represented by David M. Duree of David M. Duree & Associates in O'Fallon.

Madison County Judicial Court case number 21-L-001537

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