THE OHIO TRIAL REPORTER

Cuyahoga County Court of Common Pleas

Car Dealership Found Liable for Duping Senior Citizen

Case Caption: Thomas Sanders by and through Verness Fields, his guardian, v. Mullinax of Mayfield, Inc.

Verdict: $30,000 plus $100,000 in attorney’s fees for a total of $130,000. Breakdown: $25,000 in punitive damages and $5,000 in compensatory damages

Judge: Bridget M. McCafferty

Date of Verdict: January 27, 2005 

Plaintiff's Attorneys:  Patrick J. Perotti , Painesville; Ronald J. Frederick, Cleveland

Defendant's Attorneys: Steven J. Hupp, Cleveland; Heather J. Ross, Brecksville;Robert A. Poklar, Brecksville; Timothy G. Sweeney, Cleveland

Facts: A Cuyahoga County jury ruled against an Ohio car dealership that allegedly violated state and federal laws during a sale of a vehicle to an 88 year old man. The jury awarded the plaintiff $130,000 after deliberating for 1 day.

Plaintiff Thomas Sanders entered into a handwritten contract with Defendant Mullinax of Mayfield, Inc. The contract involved the trade-in of a vehicle and the purchase of a replacement vehicle (a 1994 Ford van).

Plaintiff alleged that defendant altered the sale documents by adding additional services plaintiff did not purchase and increasing the price of the van he was buying. Plaintiff alleged that defendant car dealer committed fraud and violated state and federal consumer protection laws.

Defendant contended that plaintiff had agreed to the contract terms and denied all allegations.

The jury entered a verdict for plaintiff on all counts. Specifically, the jury found that defendant: (1) violated the Ohio Consumer Sales Practices Act: (2) acted knowingly in committing the violation: (3) violated the federal Truth in Lending Act: (4) committed fraud by knowingly adding products which plaintiff did not contemplate purchasing: (5) fraudulently concealed or misrepresented information material to plaintiff’s decision to purchase the van: and (6) acted with malice and/or its wrongdoing was particularly gross or egregious.

Plaintiff Profile: Plaintiff was an 88 year old widowed black male who as retired.

Alleged Injury: Breach of contract, fraud and violation of state and federal consumer protection laws.

Jury Deliberations: 1 day

Settlement Efforts: None

Case Number: CV-04-534858

Editor’s Notes: The case subsequently settled for $142,000 after post verdict mediation. Per plaintiff’s counsel, documents allegedly altered by defendant were central of the favorable verdict.