Supreme Court of Illinois

In an action arising from the purchase of a new car, an award of $3,500 in consequential damages for aggravation, inconvenience and loss of use is confirmed, despite the fact that there was a clause in the limited warranty prohibiting consequential damages, where precluding such an award would be unconscionable. A new trial is ordered solely on the issue of warranty damages where the amount awarded is unsupported by the evidence, but the circuit court made rulings which restricted the plaintiff's presentation of evidence.

Appellate Information

• Decided 06/29/2006
• Published 06/29/2006

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.