MacNeil v. Trambert

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MacNeil v. Trambert

State: Illinois

Court: 2nd District Appellate

Docket No: 2-09-0873 Rel

Case Date: 06/03/2010

Preview:No. 2-09-0873 Filed: 6-3-10 Corrected 6-18-10 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ DAVID F. MacNEIL, ) Appeal from the Circuit Court ) of Du Page County. Plaintiff-Appellant, ) ) v. ) No. 09--SC--818 ) MICHAEL TRAMBERT, ) Honorable ) William I. Ferguson, Defendant-Appellee. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE McLAREN delivered the opinion of the court: Plaintiff, David F. MacNeil, appeals the trial court's dismissal of his complaint against defendant, Dr. Michael Trambert, pursuant to sections 2--301 and 2--619 (a)(1) of the Code of Civil Procedure (Code) (735 ILCS 5/2--301, 2--619 (a)(1) (West 2008)), for lack of in personam jurisdiction. On appeal, MacNeil argues that the trial court erred in finding that section 2--209(a) of the Code (735 ILCS 5/2--209(a) (West 2008)) does not confer personal jurisdiction over Trambert. We affirm. In November 2008, Trambert listed a 2007 Toyota Land Cruiser (the vehicle) for sale on the Internet website, eBay. On November 27, the auction of the vehicle ended and Trambert was notified by e-mail that MacNeil was the successful bidder. The terms of the eBay contract included a "Shipping" clause, which read "Buyer responsible for vehicle pick-up or shipping." The contract also indicated "Santa Barbara, CA, United States" as the "Item location." On December 3, MacNeil

No. 2--09--0873 communicated with Trambert by e-mail, informing him that a cashier's check drawn on an Illinois bank was being sent via FedEx to MacNeil's agent in California. In the same e-mail, MacNeil requested a bill of sale made to "142 High Country LLC, Telluride, CO 81435." On December 5, 2008, MacNeil and Trambert communicated via e-mail regarding the mileage on the vehicle. On December 8, MacNeil's agent inspected the vehicle in California and accepted delivery. During the inspection, MacNeil was on the telephone with his agent. On the same day, Trambert delivered title and possession of the vehicle to MacNeil's agent in return for full payment delivered by the agent. At MacNeil's direction, his agent delivered the vehicle to Colorado a short time later. On December 27, Trambert received an e-mail from MacNeil indicating that the vehicle had been delivered to Telluride, Colorado. MacNeil paid a total of $38,100 for the vehicle. When MacNeil personally inspected the vehicle, he discovered that it did not have a satellite radio or DVD screens in the headrests. On February 9, 2009, MacNeil, an Illinois resident, filed a complaint in small-claims court in Du Page County, Illinois, claiming breach of contract in that the eBay description of the vehicle stated that it had DVD screens in the headrests of the front seats and a satellite radio system. MacNeil alleged that the cost of the two items was $2,546. On April 24, 2009, Trambert filed a motion to dismiss the complaint, pursuant to sections 2--301 and 2--619(a)(1) of the Code (735 ILCS 5/2--301, 2

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