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Evitts v. DaimlerChrysler Motors Corp.

Case Date: 08/11/2005
Court: 1st District Appellate
Docket No: 1-04-2118 Rel

FOURTH DIVISION
August 11, 2005




No. 1-04-2118

JOSEPH EVITTS and PATRICIA EVITTS,

                           Plaintiffs-Appellants,

v.

DAIMLERCHRYSLER MOTORS CORPORATION and
CHRYSLER SERVICE CONTRACTS, INC.,

                          Defendants-Appellees.

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)		 Appeal from the
Circuit Court of
Cook County.

No. 03 L 11807


Honorable
Patrick E. McGann,
Judge Presiding.


JUSTICE GREIMAN delivered the opinion of the court:

Plaintiffs Joseph and Patricia Evitts appeal from the circuit court's dismissal of their second amended complaint for breach of warranty and violation of consumer protection statutes. For the reasons that follow, we affirm.

Plaintiffs purchased a 1999 Chrysler Sebring convertible in May 1999 from a Chrysler dealership in Elmhurst. Included in the purchase price was a 3-year/36,000-mile warranty. Plaintiffs also purchased an extended, 6-year/75,000-mile warranty, issued by defendant Chrysler Service Contracts, Inc. (CSC). The model that plaintiffs purchased had been manufactured with an allegedly defective rear defroster, the design of which caused its wires to separate from the rear window under stress from the repeated operation of the vehicle's convertible top.

Plaintiffs filed their initial complaint, as a putative class action, against defendant DaimlerChrysler Motors Corp. (DCMC) in July 2003, alleging violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 2002)) and the Uniform Deceptive Trade Practices Act (Deceptive Trade Practices Act) (815 ILCS 510/1 et seq. (West 2002)) and numerous other state consumer protection statutes, as well as breach of express and implied warranty of merchantibility in violation of the Magnuson-Moss Warranty - Federal Trade Commission Improvement Act (15 U.S.C.