Basselen v. General Motors Corp.

792 N.E.2d 498 (2003)

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Basselen v. General Motors Corp.

Illinois Appellate Court
792 N.E.2d 498 (2003)

RW

Facts

One of the two vehicles that Paul and Dena Basselen (plaintiffs) purchased from Larry Roesch Chevrolet, Inc. (Roesch) (defendant) was a new recreational van manufactured by General Motors Corporation (GM) (defendant). Over the next year, the Basselens drove the van for their personal pleasure some 23,000 miles. Throughout this time, the Basselens repeatedly complained to Roesch and GM about the van’s many quality problems. When these complaints proved fruitless, the Basselens revoked their acceptance of the van. Roesch rejected this revocation. The Basselens kept up their complaints, but they also kept driving the van for another 19,000 miles on the van’s odometer. At this point, the Basselens renewed their revocation of acceptance, which Roesch again rejected. In addition to filing a warranty claim that the Basselens eventually pursued with success, the Basselens sued GM and Roesch to enforce their revocation of acceptance. The trial court granted summary judgment for Roesch. The Basselens appealed to the Illinois Appellate Court.

Rule of Law

Issue

Holding and Reasoning (Grometer, J.)

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