BELLEVILLE – A motorist is suing Auffenberg Autos for allegedly refusing to repair his vehicle after the defendant failed to put oil in the engine during a previous repair.
Plaintiff Darryl J. Matthews filed a lawsuit in the St. Clair County Circuit Court against Auffenberg Autos, doing business as Auffenberg Volkswagon, VW Credit, Inc., doing business as Volkswagon Credit, and Ethos Group, Inc. doing business as EG Assurance, citing negligence and breach of contract.
According to the lawsuit, on Sept. 17, 2019, Matthews purchased a vehicle from the defendants with an odometer reading of 50,268. The vehicle allegedly came with a dealer warranty. The plaintiff claims that he also purchased an additional Premier Vehicle Coverage plan from the defendants, which covered certain engine parts for an additional 36 months or 75,000 miles from the odometer reading of 50,268 miles. The plaintiff alleges he paid $2,889 for the extended coverage.
On Sept. 17, 2021, two years after the initial purchase, Matthews brought the vehicle back to repair a leak in the oil cooler housing. The defendant allegedly claimed that the repair was not covered under warranty and charged the defendant $1,290.49 to repair it. According to the lawsuit, the defendant later changed its position and agreed that the repair was covered under the extended warranty and refunded the charge back to the plaintiff.
On the date of the repair, the odometer read approximately 59,200 which was still well within the warranty covered mileage. The plaintiff claims that after leaving the dealership, the oil warning light came on and the vehicle stopped running because the defendant had allegedly forgot to put oil in the engine, causing the engine to lock up. According to the lawsuit, the damage was severe, requiring a complete replacement of the vehicle's engine and turbo charger.
The vehicle was returned to the dealership for repairs the same day on Sept. 17, 2021, where it has remained, unrepaired. The defendant initially agreed to replace the engine and turbo charger, but has still not repaired the vehicle. In the meantime, the plaintiff states that he has continued to faithfully pay his monthly car payments and has been using a rental car at the defendant's expense of approximately $3,000.00 per month.
The plaintiff is seeking $30,000 in damages for the value of the vehicle, along with $200,000 in punitive damages, plus court costs and any other relief the court deems proper. They are represented in this case by attorney David M. Duree of David M. Duree & Associates, P.C. in O'Fallon.
St. Clair County Circuit Court case number 22LA0953