Supreme Court of Illinois

In an action arising from the purchase of a new car, award of $3,500 in consequential damages for aggravation, inconvenience and loss of use is upheld, despite the fact that the manufacturer's warranty contained a provision prohibiting consequential damages. An award of $5,000 for the diminished value of the vehicle is reversed and the matter remanded for a new trial on the issue of warranty damages where this amount is unsupported by the evidence.

Appellate Information

• Decided 02/02/2006
• Published 02/02/2006

Judges

• Justice FREEMAN delivered the judgment of the court, with opinion:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Hugh C. Griffin, Hugh S. Balsam, of Lord, Bissell & Brook, L.L.P., and Denean K. Sturino, Fagelhaber, L.L.C., Chicago, for appellant., Bradley B. Falkof and Charla L. Hausler, of Barnes & Thornburg, L.L.P., Chicago, for amicus curiae Mercedes-Benz, U.S.A., L.L.C.


• For Appellees:
  
• Scott M. Cohen, of Krohn & Moss, Ltd., Chicago, for appellee.