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Evans v. General Motors Corp.

Case Date: 06/19/2000
Court: 2nd District Appellate
Docket No: 2-99-0513

Evans v. General Motors Corp., No. 2-99-0513

2nd District, 19 June 2000

KELLY EVANS, a Minor, by her Mother and Next Friend, Patricia Evans Husted,

Plaintiff-Appellant,

v.

GENERAL MOTORS CORPORATION and HOWARD PONTIAC, INC.,

Defendants-Appellees.

 Appeal from the Circuit Court of Du Page County.

No. 98--AR--2140

Honorable C. Stanley Austin, Judge, Presiding.

JUSTICE GEIGER delivered the opinion of the court:

The plaintiff, Kelly Evans, a minor, by her mother and next friend, Patricia Evans Husted, appeals from the following orders of the circuit court of Du Page County: (1) the December 23, 1998, order dismissing the first two counts in her complaint as being barred by the statute of limitations; and (2) the April 1, 1999, order granting the defendants' motion for summary judgment as to count III of her complaint on the grounds of res judicata and collateral estoppel.

The facts relevant to the disposition of this appeal are as follows. On July 17, 1992, Patricia Evans Husted (Patricia) purchased a new 1992 Pontiac Grand Am from Howard Pontiac. On June 7 and June 8, 1993, Patricia brought the Grand Am into Howard Pontiac for brake repairs. On June 13, 1993, while Patricia was driving the Grand Am, an accident occurred. Kelly Evans, Patricia's minor daughter (Kelly), was a passenger in the car and suffered injuries. The accident allegedly occurred when the Grand Am's brakes failed.

On February 5, 1996, Patricia filed a complaint against the defendants, General Motors Corporation (GMC) and Howard Pontiac. Patricia alleged that GMC and Howard Pontiac breached their written and implied warranties under the federal Magnuson-Moss Warranty Act (15 U.S.C.