ILLINOIS APPELLATE COURT OVERTURNS CIRCUIT COURT SUMMARY JUDGMENT IN FRAUD CASE

Chicago, Illinois, October 31, 2001 - An Appellate Court in Illinois has overturned a lower court's decision to dismiss a case involving a used car sold by a local dealer, who failed to disclose the car's history as a rental vehicle. Justice Gordon delivered the opinion of the court in Miller vs. William Chevrolet/Geo. He stated, "…both Miller's opinion witness and common sense tell us that used car dealerships have reason to know the history of a car is of concern to purchasers. This is all the more true when the history involves previous service as a taxi or rental vehicle." The case will return to Cook County Circuit Court for trial. The original complaint was filed in August of 1999 against William Chevrolet/Geo by Otha Miller. Miller discovered, only after finding an Enterprise Car Rental window scraper in the car, that the used Nissan Altima he purchased was formerly owned by Enterprise Car Rental. The salesman has mentioned to Miller at the time of purchase that the vehicle was "executive driven", and in "great condition". Miller signed all the necessary paperwork and was never made aware of the previous owner. Although Miller has driven the Altima since its purchase, without serious problems, the deception and misrepresentation used by William Chevrolet/Geo at the time of the sale was found to be enough evidence to bring this case to trial. The new trial date is set for February of 2002. The Appellate Court found the Circuit Court had erred in its judgment on 3 of 4 fraud claims including common law fraud, and violation of The Consumer Fraud and Deceptive Business Practices Act. Attorney for the plaintiff, Larry Smith of Krohn & Moss, Ltd. adds, "A car buyer must be fully informed when purchasing a used vehicle. Mr. Miller was told the car was "executive driven" and would not have purchased this particular car had he been made aware of its history, or use as a rental car. The Appellate Court has now confirmed that buyers do have the right to know." Krohn & Moss, Ltd. has handled hundreds of fraud claims involving forgeries, odometer setbacks, spot deliveries and misrepresentations, all without charging any attorney's fees to clients. Contact Mr. Smith or Mr. Krohn at Krohn & Moss, Ltd., 312-578-9428, for more information. The law firm of Krohn & Moss Ltd. also handles fraud and lemon law claims in Ohio, Indiana, Georgia, Wisconsin and Missouri.