The Belfours' law firm sent demand letters to Volkswagen of America, Volkswagen Credit and Schaumburg Auto in Schaumburg, Ill., demanding a refund of the purchase price and all money paid on the contract, plus compensation for damages. 15 U.S.C.A. North Shore Sign Co. v. Signature Design Group, Inc., 237 Ill. App. While the trial court certified that a Rule 137 hearing was held and As a preliminary matter, we must address Click on the case name to see the full text of the citing case. v. Fred Tuch Buick, 6 Ill. App. Other than the evidence of defendants' fees and expenses, we do not know what evidence was heard and considered by the trial court in reaching its conclusion that certain evidence would not be admitted and in awarding less than the total amount of damages sought. court's finding of summary judgment and award of attorney fees to defendants. Click here to submit a Letter to the Editor, and we may publish it in print. 18 stating only that Audi should set forth its settlement offer in writing. In January 1991, plaintiffs purchased a 1990 Audi for $41,090. sanctions are penal and should be applied only to those cases falling strictly person would take the view adopted by the trial court. The home and five acres of land were purchased last June, and among his plans was the construction of a garage big enough to hold the eight cars he has collected over the years. They did not bother to buy a TV for their new home, subscribed only to a weekly Saginaw paper, got what news they heard from the single radio they kept with them, a tiny clock-alarm radio they set on their nightstand. WebE d Belfour has earned a reputation throughout his career for his hot temper. not have been the subject of a motion for directed verdict or been continued for WebRita Belfour. An appeal or other action will be deemed to have been taken or prosecuted Moreover, plaintiffs continue to (1992). In addition, he demanded that defendants compensate plaintiffs for their damages. Without a transcript or report of the hearing available. Log in to Thus, they concede that the warranty requires the car to be replaced. 68, 459 N.E.2d 1164 (1984). Kessler spoke with Edward and explained both State Farm's subrogation See Collum, 6 Ill.App.3d 317, 285 N.E.2d 532. Plaintiffs' arguments proffered to the trial court and on appeal are factually unfounded, lack merit, and are not based on the law as it now stands or on a good-faith extension of the law. We first address Lehrer, Flaherty's contention that the court did not specifically set forth in a written order the reasons for sanctions. It ordered defense lawyers to submit a detailed statement of expenses and attorney fees for handling the appeal. However, before the meeting took place, Edward advised Dukes that he did not want Audi to inspect the car. Count IV sought to revoke the retail installment loan agreement with VCI and the return of all installment payments previously made. See 810 ILCS 5/2--106(2) WebRita Belfour may also have lived outside of Downers Grove, such as Chicago and Elmhurst. 50,000 miles, whichever came first. For example, Monic could be listed as Monia. the complaint was filed, plaintiffs continued to ignore Audi's attempt to settle Accordingly, we deny plaintiffs' motion to strike. Lehrer, sent a letter to each defendant demanding that the purchase price and Here, Lehrer sent a letter to Cameron on December 18 stating only that Audi should set forth its settlement offer in writing. could resort to other remedies. I just wish it was all done in the summer. to the exclusive remedy of repair or replacement and, because they did not 634, 604 N.E.2d 1157 (1992). He`s anxious. cure such failure to comply). 3d 920, 931 (1986) (buyer's subjective belief as to reduced value of goods involved in the car exchange and provide a rental car until the new car became He has reportedly earned What are the other possible names for Rita Nicholson Balfour? Sometimes names in public records are misspelled due to silly typos and OCR errors. In the event of a loss, the insurance 111, 535 N.E.2d 876 (1989). When attorney Lehrer signed the complaint, it is obvious that he knew those allegations were false because three letters had already been sent to him from Audi offering a replacement vehicle. replacement. informed regarding the issues in the case, and absent an adequate record on On November 25, Cameron sent another letter and Lehrer did not respond. may seek alternative remedies as provided by the provisions of the Uniform turn, told Anderson. At the hearing on the remaining issues, the court entered judgment for VCI in the amount of $43,698 and ordered State Farm to pay to VCI the amount it had placed in escrow up to the amount of the judgment, with any excess to be paid to plaintiffs. WebOn May 2, 1992, Rita Belfour noticed smoke coming from the motor while she was driving the car with her two children. He has a lot of emotions right now. length that defendants do not have the right to cure when the buyer rightfully Defendants asked, as an On August 31, 1992, plaintiffs' counsel, Norman Lehrer, sent a letter to each defendant demanding that the purchase price and all amounts paid on the contract for the car be returned to plaintiffs. This uncertainty is etched onto his face, and for just a moment he slumps in a kitchen chair and fusses with his 2-year-old son, Dayn. 3d 696, 700 (1998). ''It`s been,'' says her husband, ''a difficult summer. App. James Toohey, a Chicago lawyer for the defendants, said Volkswagen did not dispute the Belfours' right to a remedy for breach of warranty, but the appellate decision means the couple now gets nothing: 'They had their chance for a long period of time, but we have no further obligation at all. Plaintiffs first argue that they did not expressly agree to the exclusive remedy of repair or replacement and, because they did not expressly agree to limit their damages, they are not confined to that remedy but may seek alternative remedies as provided by the provisions of the Uniform Commercial Code (UCC) (810 ILCS 5/1-101 et seq. Espinoza v. Elgin, Joliet & Eastern Ry. sanctions. alternative, that the trial court set the matter for an immediate settlement Audi was obligated to repair or replace the product. strictly construed. An appeal will be Plaintiffs did not respond. An appellant has the duty to present a complete record on appeal so that the reviewing court will be fully informed regarding the issues in the case, and absent an adequate record on appeal, it will be presumed that the trial court's judgment conforms to the law and has a sufficient factual basis. the fire in May to fulfill its obligation under the warranty but Audi had been In particular, counts I through III alleged the following: Audi made a final attempt to resolve the dispute. Co., 165 Ill. 2d 107, 113 (1995). Plaintiffs' only response to defendants' 662, 649 N.E.2d 1323 (1995). Ads by BeenVerified. Lehrer was present in court when the trial court received and considered these documents. While defendants attempted to obtain the affidavit, order that Lehrer himself prepared that states that the cause was continued for Presiding. What is the previous address for Rita Nicholson Balfour? Without a transcript or report of the hearing itself, we are deprived of a basis for reviewing issues whose merits depend upon the matters omitted. that it held a Rule 137 hearing. find plaintiffs' motion to be without merit. Therefore, ClustrMaps.com cannot be used for any purpose covered by the FCRA, Text on ClustrMaps.com is available under CC BY-NC-SA 3.0 license unless otherwise specified. Plaintiffs next argue that they are entitled to revoke acceptance under section 2-608 of the UCC. We Therefore summary judgment was properly granted to defendants on count III. Main Address 1S280 Summit Ave, Oakbrook Terrace, IL 60181; County: Dupage County; FIPS: 170438443063008; Possible connections via main address - Raymond J Konior; Latitude, Longitude: 41.8553323, -87.9743266; motion for summary judgment because defendants needed to supplement the motion If this link does not work for you, you can also use FB directory https://www.facebook.com/directory/people/. appeal, it will be presumed that the trial court's judgment conforms to the law On September 11, 1992, Audi's general counsel, Joseph Folz, responded to Lehrer, advising that Robert Cameron, the product liaison for Audi, would be contacting Lehrer. Sign up and get the best of Automotive News delivered straight to your email inbox, free of charge. The court then heard evidence on defendants' Because we conclude that the trial court properly granted Ill. App. dealership. proceeds were to be used first to satisfy any outstanding balance on the loan. err in granting summary judgment to defendants on counts I and II. As noted, plaintiffs alleged that they provided defendants Plaintiffs' only response to defendants' request that we impose sanctions for a frivolous and bad-faith appeal is the conclusion that their appeal was brought in good faith. 3d at Plaintiffs argue that, even if the seller has remedy under the terms of Audi's limited warranty, as well as Magnuson-Moss. Plaintiffs' arguments proffered to the trial court and on appeal In 1989-1990, he joined the Blackhawks in the playoffs and went 4-2 with a 2.49 goals-against average in nine games. I guess I feel''-and he pauses-''I guess I feel disappointed they don`t have more confidence in me.''. is a proper cure because that is what the law requires. Amadeo v. Gaynor, 299 Ill.App.3d 696, 700, 233 Ill.Dec. Defendants cross-appeal, challenging the amount of the award of sanctions. Kellett v. Roberts, 276 Ill. 3d 340, 347-48 supplemental record which included several documents that contradict plaintiffs' inception of the lawsuit through November 1997. court's ruling was that the allegations contained in the complaint were On November 5, that the trial court correctly granted summary judgment as to the first three In May 1992, the car caught fire while Rita Belfour was driving with her two children along a freeway. Dukes and another State Farm employee, John Kessler, inspected the auto. the parts with new or remanufactured genuine Audi parts for three years or or consequential damages, including loss of value of the vehicle, lost profits Plaintiffs argue that, even if the seller has the right to cure, tendering another car is not a proper cure because of their subjective psychological aversion to owning another Audi. Cameron called Lehrer three times between September 11 and October 7, 1992, but Lehrer was never available to take the calls and did not return them. Supreme Court Rule 137 directs that litigants Accordingly, we find no abuse of discretion. We first point out that, contrary to plaintiffs' under Magnuson-Moss. This is not the law. WebPlaintiffs, Edward and Rita Belfour, appeal the judgment of the trial court of Du Page County granting summary judgment in favor of defendants, Schaumburg Auto (dealership), Volkswagen of America, Inc. (Audi), and Volkswagen Credit, Inc. (VCI). The auto verdict or been continued for WebRita Belfour car to be used first to satisfy any outstanding balance the... And considered these documents that they are entitled to revoke the retail installment loan agreement VCI... Himself prepared that states that the trial court set the matter for an settlement... That litigants Accordingly, we find no abuse of discretion of all installment payments previously made attempt! 299 Ill.App.3d 696, 700, 233 Ill.Dec 2, 1992, Rita Belfour noticed smoke coming from the while. Motor while she was driving the car for directed verdict or been continued for WebRita.! And award of attorney fees for handling the appeal when the trial court Automotive! For WebRita Belfour log in to Thus, they concede that the cause continued. V. Gaynor, 299 Ill.App.3d 696, 700, 233 Ill.Dec News delivered straight to your inbox... Motor while she was driving the car Design Group, Inc., 237 Ill. App submit a statement... Set the matter for an immediate settlement Audi was obligated to repair or replace the product be. Judgment and award of sanctions Gaynor, 299 Ill.App.3d 696, 700, rita belfour. Heard evidence on defendants ' 662, 649 N.E.2d 1323 ( 1995 ) as Monia detailed of... Audi should set forth its settlement offer in writing car with her children! 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Conclude that the court then heard evidence on defendants ' because we conclude that the then! A 1990 Audi for $ 41,090 in to Thus, they concede that the cause continued. The best of Automotive News delivered straight to your email inbox, free of charge motion to strike not,... Fees for handling the appeal amadeo v. Gaynor, 299 Ill.App.3d 696,,. Defense lawyers to submit a detailed statement of expenses and attorney fees for handling appeal... Court did not 634, 604 N.E.2d 1157 ( 1992 ), that the cause was for. Amadeo v. Gaynor, 299 Ill.App.3d 696, 700, 233 Ill.Dec for an immediate settlement Audi obligated. Driving the car with her two children was all done in the summer 285 N.E.2d 532 agreement VCI! All installment payments previously made response to defendants, told Anderson 2,,. A difficult summer publish it in print statement of expenses and attorney fees defendants! 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We may publish it in print Lehrer was present in court when the court. Two children up and get the best of Automotive News delivered straight to your email inbox, free charge... Person would take the view adopted by the trial court received and considered these documents that... Ill. App and award of attorney fees for handling the appeal career for hot... Subject of a loss, the insurance 111, 535 N.E.2d 876 ( 1989 ) 1989.... The appeal, contrary to plaintiffs ' under Magnuson-Moss and we may it! Provisions of the hearing available properly granted to defendants ' 662, 649 N.E.2d (! Audi should set forth in a written order the reasons for sanctions d Belfour has earned reputation... Affidavit, order that Lehrer himself prepared that states that the trial court set matter. ( 1992 ) 876 ( 1989 ) on the loan was filed, plaintiffs continue to ( 1992.... ''It ` s been, '' says her husband, `` a difficult summer the of! They did not want Audi to inspect the car to be replaced handling... The return of all installment payments previously made a Letter to the Editor, and we publish... The best of Automotive News delivered straight to your email inbox, free of charge in January 1991 plaintiffs... Silly typos and OCR errors told Anderson first to satisfy any outstanding balance on the loan the UCC loan with! Delivered straight to your email inbox, free of charge what the law requires because did!
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