Electronically Filed Kahalah A. Clay Circuit Clerk E!ysia Agne 21LO191 St. Clair County IN THE CIRCUIT COURT 2/26/2021 3:34 PM TWENTIETH JUDICIAL CIRCUIT 12373031 ST. CLAIR COUNTY, ILLINOIS CASSANDRA MACKIN AND ALONZO MACKIN, Plaintiffs, 21LO191 V. Case No. CARDINAL BUNCK GMC, INC., Serve: Richard M. Jones, President & RA 3849 North Arbor Lake Edwardsville, IL 62025 OR 3800 West State Route 15 Belleville, IL 62226 AND FCA US LLC d/b/a CHRYSLER DODGE, Serve: CT Corporation System 208 South LaSalle Street, Suite 814 Chicabao, IL 60604 Defendants. COMPLAINT COME NOW Plaintiffs, Cassandra Mackin and Alonzo Maekin, for their Complaint against Defendants, Cardinal Buiek GMC, Inc. and FCA US LLC d/ b/a Chrysler Dodge, and state: GENERAL ALLEGATIONS L Plaintiff, Cassandra Mackin, is a resident of Belleville, Illinois and a citizen of the State of Illinois. 2- Plaintiff, Alonzo Mackin, is a resident of Bellevi}le, Illinois and a citizen of the State of Illinois. Page 1 Mackin, et al. v. Cardinal Buick GMC, Inc., et al. 3. Defendant, Cardinal Buick GMC, Inc. (<'Cardinal Buick"), is a corporation organized and existing under and by virtue of the laws of the State of Illinois. It maintains its principal officc and place of business in St. Clair County, Illinois. It is a citizen of the State of Illinois. 4. FCA US LLC d/b/a Chrysler Dodge ("Chrysler Dodge>') is a limited liability company which manufactures and sells Chrysler and Dodge motor vehicles throughout the United States, including within the State of Illinois. It is organized and existing under and by virtue of the law of the State of Delaware. It maintains its principal office and place of business in Auburn Hills, Michigan. It is a citizen of the States of Delaware, Illinois and Michigan. COUNT I AGAINST CARDINAL BU:tcK GMC, INC. FOR VIOLATION OF THE ILLINOI8 CONSUMER FRAUD ACT 5, In December 2019, Plaintiffs, Alonzo Mackin and his mother, Cassandra Mackin, purchased a 2016 Dodge Challenger from Defendant, Cardinal Buick. 6. At the time of purchase, 'the Dodge Challenger was less than five years old and the odometer reflected that it had been driven about 52,000 miles. It was still covered by the original manufacturers warranty, which applied to vehicles less than five years old with less than 60,000 miles of prior use. 7. On September 8, 2020, Alonzo Mackin returned the car to Defendant, Cardinal Buick, for an oil change, which was supposed to be free Page 2 Mackin, et al. v. Cardinal Buick GMC, Inc., et al. under the terms of the sales agreement, although he was to be charged for filters and related items. 8. On September 8, 2020, Defendant, Cardinal Buick, replaced the engine oil and the oil filter and invoiced Plaintiffs $119.57 for fhat work. A copy of that invoice is attached hereto and incorporated herein by reference as Exhibit A. 9. Prior to performing the oil change and related work, Defendant, Cardinal Buick, also issued a repair estimate for changing the oil and related work in the sum of $237.85. A copy of that repair estimate is attached hereto and incorporated herein by reference as Exhibit B. 10. On September 8, 2020, Defendant, Cardinal Buick, also inspected the 2016 Dodge Challenger and issued a five-page multi-point vehicle inspection report, a copy of which is attached hereto and incorporated herein by reference as Exhibit C. 11. On September 29, 2020, Cassandra Mackin returned the 2016 Dodge Challenger to Defendant, Cardinal Buick, complaining that the car "wants to die while driving" She vas told to dr:ive the car across the street to Oliver C. Joseph to determine whether it still fell under the manufacturer's warranty, which covered vehicles that were less than five years old with less than 60,000 miles of prior use. Cassandra did as she was instructed by Defendant, Cardinal Buick, and drove the car across the street to Oliver C. Joseph, a dealership for Dodge and Chrysler motor vehicles. Page 3 Mackin, et al. v. Cardinal Buick GMC, Inc., et al. 12. Quiver C. Joseph inspected the car and determined that it had almost no oil, and that the drain plug for the oil pan was only finger-tight. The engine was running rough and smoking. The estimated cost of repairing and/orreplacingtheenginewas$7,652.17. Acopyofthatreportandestimate is attached hereto and incorporated herein by reference as Exhibit D. 13. While performing the oil change on September 8, 2020, Defendant, Cardinal Buick, failed to tighten the drain plug for the oil pan and permitted the oil to leak out over the next twenty-one (21) days. By September 29, 2020, almost all of the oil had leaked out of the engine. 14. The 2016 Dodge Challenger was purchased for personal and family use. 15. At all times herein relevant, Defendant, Cardinal Buick, was engaged in the conduct of trade and/or commerce within the State of Illinois, as defined by 815 ILCS §505/2 et seq., by buying and selling automobiles made available for purc'hase to the public. 16. Plaintiffs at all times herein relevant were consumers of the goods and services provided by Defendant, Cardinal Buick. 17. Defendant, Cardinal Buick, engaged in unfair and/or deceptive acts or practices, and engaged in oppressive conduct, through the employment and use of deception, fraud, false pretenses, false promises, misrepresentations, concealment, suppression and/or omission of material facts with the intent that Plaintiffs rely on such concealment, suppression, false representations and/or omissions by representing that the oil changed on Page 4 Mackin, et al. v. Cardinal Buick GMC, Inc., et al. September 8, 2020 was properly performed, while concealing the fact that the drain plug was not tightened sufficientiy to avoid the leakage of oil. 18. The conduct of Defendant, Cardinal Buick, was in violation of the Illinois Consumer Fraud Act, 815 ILCS §505/2 et seq. 19. As a direct result of these violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, Plaintiffs sustained damages in a sum in excess of $8,000. 20. The cost of repairing and/or replacing the engine in the car is in excess of $8,000. Alternatively, the fair market value of the 2016 Dodge Challe.nger was diminished by more than $8,000. 21. Plaintiffs have incurred attorney's fees, and will incur attorney's f-ees in a sum in excess of $30,000, which Plaintiffs are entitled to recover from the Defendant, Cardinal Buick, under 815 ILCS §505/ 10(c). 22. The conduct of Defendant, Cardinal Buick, as described above, was outrageous, willful, wanton, malicious, intentional, unjustified and in conscious disregard for the rights of others, warranting an award of punitive damages in favo'r of Plaintiffs and against Defendant, Cardinal Buick, in a sum in excess of $100,000 as and for punitive damages, which Plaintiffs may recover from the Defendant, Cardinal Buick, pursuant 815 ILCS §505/ 10(a). The part of 815 ILCS §505/ 10(a) that provided special treatment for automobile dealers with respect to punitive damage claims has been held unconstitutional. Allen 'u. Woodfield Cheurolet, ktc., 332 Ill.App.3d 605 (2002). Page 5 Mackin, et al. v. Cardinal Buick GMC, Inc., et al. WHEREFORE, under Count I, Plaintiffs, Cassandra Mackin and Alonzo Mackin, pray for judgment against Defendant, Cardinal Buick GMC, Inc., in a sum in excess of $8,000 for compensatory damages, plus an award in excess of $30,000 for attorney's fees, plus an award in excess of $100,000 for punitive damage against Defendant, Cardinal Buick GMC, Inc., plus court costs. COUNT II AGAINST CARDINAL BUICK GMC, INC. FOR BREACH OF CONTRACT 23. Plaintiffs reallege and incorporate herein by reference the a.llegati.ons in paragraphs 1-14 and 16-17, as fully set forth above. 24. Plaintiffs entered into an oral contract with Defendant, Cardinal Buick, which required Defendant, Cardinal Buick, to change the oil in Plaintiffs 20i6 Dodge Challenger for the sum of $119.57. 25. Plaintiffs performed the contract on its part by paying Defendant, Cardinal Buick, $1:L9.57 for the oil change. 26. Defendant, Cardinal Buick, breached the contract to provide oil changing services by failing to perform the oil change work in a good and workmanlike manner, in that Defendant, Cardinal Buick, failed to tighten the plug i-or the oil pan, thereby permitting it to become loose and dislodged, causing car to lose all of its oil. 27. As a direct result of this breach of contract by Defendant, Cardinal Buick, all of the oil drained from car, causing the engine to malfunction, resulting in damage which required repair and/or replacement of the engine. As a result, Plaintiffs have damaged in a sum in excess of $s,ooo, the cost Page 6 Mackin, et al. v. Cardinal Buick GMC, Inc., et al. repair and/or replace the engine, or in the alternative, the fair market value of the 2016 Dodge Challenger was diminished by more than $8,000. WHEREFORE, under Count II, Plaintiffs, Cassandra Mackin and Alonzo Mackin, pray for judgment against Defendant, Cardinal Buick GMC, Inc., in a sum in excess of $8,000 for compensatory damages, plus an award in excess of $30,000 for attorney's fees, plus an award in excess of $100,000 for punitive damage against Defendant, Cardinal Buick GMC, Inc., plus court costs. COUNT III AGAINST FCA US LLC D/B/A CHRYSLER DODGE FOR BREACH OF WARRANTY 28, Plaintiffs reallege and incorporate herein by reference the allegations in paragraphs 1-14, 16-17 and 24-26, as fully set forth above.