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Evans v. General Motors Corporation6/19/2000
The plaintiff, Kelly Evans, a minor, by her mother and next friend, Patricia Evans Husted, appeals from the following orders of the circuit court of Du Page County: (1) the December 23, 1998, order dismissing the first two counts in her complaint as being barred by the statute of limitations; and (2) the April 1, 1999, order granting the defendants' motion for summary judgment as to count III of her complaint on the grounds of res judicata and collateral estoppel.
The facts relevant to the disposition of this appeal are as follows. On July 17, 1992, Patricia Evans Husted (Patricia) purchased a new 1992 Pontiac Grand Am from Howard Pontiac. On June 7 and June 8, 1993, Patricia brought the Grand Am into Howard Pontiac for brake repairs. On June 13, 1993, while Patricia was driving the Grand Am, an accident occurred. Kelly Evans, Patricia's minor daughter (Kelly), was a passenger in the car and suffered injuries. The accident allegedly occurred when the Grand Am's brakes failed.
On February 5, 1996, Patricia filed a complaint against the defendants, General Motors Corporation (GMC) and Howard Pontiac. Patricia alleged that GMC and Howard Pontiac breached their written and implied warranties under the federal Magnuson-Moss Warranty Act (15 U.S.C. ยง2301 et seq. (West 1994)). Patricia alleged that the Grand Am had defective brakes, which Howard Pontiac did not properly repair or replace. Patricia therefore sought to revoke her contract with the defendants and to recover contract damages as well as incidental and consequential damages.
Patricia further alleged that GMC and Howard Pontiac violated the Illinois Consumer Fraud and Deceptive Business Practices Act (the Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 1996)) and committed common-law fraud during the sale of the Grand Am. Patricia alleged that Howard Pontiac had falsely represented to her that vehicle was "new," in good condition, and free from defects. She alleged that Howard Pontiac committed the fraud, but that GMC was jointly responsible for the fraud due to its alleged principal-agent relationship with Howard Pontiac.
During discovery, GMC propounded interrogatories upon Patricia. One of the interrogatories requested that Patricia identify the nature of the injury that she was claiming as a result of the June 13, 1993, accident. Patricia responded that her daughter, Kelly, had received numerous injuries, including a head injury, two sprained legs, and cuts and bruises on her body.
On or about December 13, 1996, GMC filed a motion for summary judgment on the causes of action based upon common-law fraud and the Consumer Fraud Act. GMC argued that Patricia could not establish that Howard Pontiac was GMC's agent for purposes of selling cars manufactured by GMC to the public. On February 25, 1997, the trial court granted GMC's motion for summary judgment on the fraud counts.
On May 19, 1997, Patricia and the defendants entered into a settlement. Pursuant to the terms of the settlement, Patricia received $40,000 in return for dismissing with prejudice the remaining allegations contained in her complaint. In addition, the settlement provided that the "dismissal shall be a bar to the bringing of any action based on or including the claim for which this action brought."
On September 4, 1998, Kelly, by and through her mother and next friend Patricia, filed a three-count complaint against the defendants. This complaint was based on the sale and repair of the Grand Am and the June 13, 1993, accident. Kelly sought to recover for injuries she suffered due to the accident. Counts I and II alleged that the defendants had breached both written and implied warranties under the Ma
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