Brentine v. DaimlerChrysler Corp.

State: Illinois

Court: 1st District Appellate

Docket No: 1-04-0430, 1-04-0432 Cons. Rel

Case Date: 03/31/2005

FOURTH DIVISION
March 31, 2005

Nos. 1-04-0430, 1-04-0432 (consolidated)

LAURIE A. BRENTINE and KRISTA and LARRY HEILAND,

Plaintiffs-Appellees,

DAIMLERCHRYSLER CORPORATION,

Defendant-Appellant.

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Appeal from the
Circuit Court of
Cook County.

Nos. 03 M1 164351
03 M1 162506

Honorable
Moira S. Johnson,
Judge Presiding.

JUSTICE GREIMAN delivered the opinion of the court:

Plaintiffs, Laurie A. Brentine and Krista and Larry Heiland, each filed complaints for breach of warranty against defendant, DaimlerChrysler Corp. Defendant presented settlement offers to each plaintiff, which they accepted and the circuit court enforced. Defendant appeals, contending that plaintiffs did not accept the settlement offers according to the terms it had offered. For the reasons that follow, we dismiss this appeal for lack of jurisdiction.

Plaintiffs each purchased vehicles manufactured by defendant in March 2001. Each vehicle was covered by a 3-year/36,000-mile bumper-to-bumper warranty, and each manifested various defects soon after the date of purchase. Plaintiffs attempted to have repairs effected at various defendant dealerships, but the vehicles remained in defective condition, prompting plaintiffs to revoke their acceptances of the vehicles. They each filed suit alleging that defendant had breached both its express and implied warranties of merchantability, in violation of the Magnuson-Moss Warranty - Federal Trade Commission Improvement Act (15 U.S.C.