Posted on 08/11/2005 5:46:22 PM PDT by Diana in Wisconsin
A settlement - part of which is secret - has been reached between a brain-damaged mother and the Madison car dealership she accused of exploiting her injury and selling her an SUV she couldn't afford under terms she couldn't understand.
The dealership, Gordie Boucher Lincoln/Mercury of Madison - which disputed all of the allegations and predicted a quick settlement - agreed to take the vehicle back and reimburse the woman for the payments she made, according to a student spokesman for the University of Wisconsin Law School's Consumer Law Litigation Unit.
David Connally, a law student, said the settlement includes a confidentiality clause, so some details were not made public.
"(Denise Hollis-Eidsmoe) is quite relieved to have it all behind her," he said.
He said "they took the car back, and what she had paid toward the car was given back to her."
Boucher's lawyer, Anthony Karabon, said "all I can say is . . . a settlement was reached to the satisfaction of both parties." He declined further comment.
Hollis-Eidsmoe filed the lawsuit in Dane County July 11, asking that her purchase of a 2002 Mercury Mountaineer SUV be voided, car and insurance premium payments be returned, and that Boucher be assessed lawyer fees and punitive damages.
A request to dismiss the lawsuit, which the consumer litigation project announced in a press release July 12, was made Monday.
Connally said "the clinic in general does not agree to confidentiality clauses because it is generally not in the interest of consumers."
However, "it is the client's choice . . . and in this case our client felt that such a clause was appropriate," said Susan Kurien, of the consumer law project.
The lawsuit accused the dealership of promising Hollis- Eidsmoe she could take the SUV home for her father's approval, and return it if he disapproved. She said because of her brain injury from a car accident, she did not make financial decisions by herself. When her father disapproved - the dealership had her sign financing and purchase papers that would have had her pay $35,488.64 for the SUV, credit and life insurance - and the vehicle was returned the same day, the dealership wouldn't take it back. Hollis-Eidsmoe also accused the dealership of exaggerating her income to qualify for credit disability insurance.
Karabon said when the lawsuit was filed that the company did not inflate any numbers and "we had no knowledge there was any problems with the customer's ability to enter into a contract."
Now remember...if you're buying an SUV shop toward the END of October. They'll be desperate to move the 2005 inventory at that time and you'll get a primo deal whether you're brain damaged or not. ;)
I am correct in reading that they had her sign the paperwork before she left with the vehicle? It wasn't written very clearly. The fact she returned it the same day certainly supports what she said. Can't believe they went to court over it.
Of course, if she ever has a baby and the authorities try to take him away because she's not intelligent enough to adequately care for him, that same lawyer will argue she's more than competent to raise a child.
Post the name of the dealership and vehicle product, then we can decide if they are worth visiting "for a deal"!
You're correct.
A woman taken advantage of by a car salesman? That's hard to believe. After all, just like "legal ethics" and "journalistic ethics", there exists "automobile dealer ethics"
She already has kids (prior to her accident that damaged her brain) but good point, anyway. ;)
Any wonder why used car salesmen have such a bad reputation?
Perfect post!
I thought most states outlawed the life insurance riders on car deals. Sounds like they took advantage of her.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.