Mobley v. Tramco Transmission, Inc.

Illinois Appellate Court
Civil Court
Illinois Consumer Fraud and Deceptive Business Practices Act
Citation
Case Number: 
2014 IL App (1st) 122123
Decision Date: 
Friday, May 16, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded with directions.
Justice: 
HALL
Jury verdict dismissing claims for alleged unauthorized work done on auto transmission. Plaintiffs alleged violation of Consumer Fraud Act, premised on alleged violations of Automotive Repair Act. Court committed reversible error in refusing to give Plaintiffs' proposed jury instruction based on Section 75 of Repair Act, as without court giving such an instruction, jury could not make a finding that pursuant to that Section, Defendants' violations barred it from asserting a possessory lien on Plaintiffs' vehicle. (ROCHFORD and REYES, concurring.)