Zwicky v. Freightliner Custom Chassis Corp.

State: Illinois

Court: 2nd District Appellate

Docket No: 2-05-1177 Rel

Case Date: 04/25/2007

Preview:No. 2--05--1177 Filed: 4-25-07 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ MICHAEL G. ZWICKY and RITA L. ZWICKY, ) Appeal from the Circuit Court ) of McHenry County. ) Plaintiffs-Appellants, ) ) v. ) No. 04--LA--147 ) FREIGHTLINER CUSTOM CHASSIS ) CORPORATION, FLEETWOOD MOTOR ) HOMES OF INDIANA, INC., and RAND ) THOMPSON, INC., d/b/a Crystal Valley RV, ) Honorable ) Michael J. Sullivan, Defendants-Appellees. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE GILLERAN JOHNSON delivered the opinion of the court: The plaintiffs, Michael and Rita Zwicky, brought claims against the defendants for breach of express and implied warranties and for revocation of acceptance. On October 26, 2005, the trial court granted summary judgment in favor of the defendants on all counts of the plaintiffs' complaint, finding that pursuant to Supreme Court Rule 216 (134 Ill. 2d R. 216), the plaintiffs were deemed to have made certain admissions as a result of their failure to answer requests for admissions, and that these admissions prevented them from recovering on their claims as a matter of law. On appeal, the plaintiffs argue: (1) that their failure to answer the requests for admissions should not be treated as admissions; and (2) that even if the requests for admissions are all deemed admitted, summary judgment was improper because the admissions do not preclude them from recovering on their

No. 2--05--1177 causes of action. For the following reasons, we affirm in part and reverse in part and remand for further proceedings. I. Background On August 31, 1999, the plaintiffs Michael and Rita Zwicky purchased from the defendant Rand Thompson, Inc., d/b/a Crystal Valley RV (CVRV), a 1999 Fleetwood Discovery motor home and an extended warranty. In addition to the extended warranty, the motor home came with a limited warranty, as defined by the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act (the Act) (15 U.S.C.

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