Lawsuit Alleges Naperville Car Dealer Hid Used Vehicle's Accident History from Buyer

A pre-owned, 2002 Chevrolet Suburban is at that center of a lawsuit filed against a Naperville car dealership in DuPage County Circuit Court on Sept. 9.

Plaintiff Tracy Cavanaugh said that she paid $8,676 for the Suburban from Dan Wolf Chevrolet of Naperville on Nov. 2, 2010. Cavanaugh claims that a salesman told her the Suburban was in “excellent condition.”

The salesman further described the Suburban as being a “safe and solid” vehicle, and had not been involved in any prior accidents, according to the lawsuit.

Cavanaugh alleges in her lawsuit that she learned the vehicle had been irreparably damaged in an accident and deemed a total loss before she bought it from Dan Wolf Chevrolet located at 1515 W. Ogden Ave.

The lawsuit maintains that Cavanaugh “exercised all due diligence” and “reasonably relied” on the salesman’s and dealership’s representations.

The plaintiff alleges that the defendant omitted and concealed the Suburban’s past history. Had she known the vehicle had once been declared a total loss due to a car accident, she would not have agreed to buy it.

Cavanaugh is suing Dan Wolf Chevrolet for loss of monies, towing costs, the purchase price and additional costs in excess of $51,000 for “severe aggravation and inconvenience.”

Attorney Larry P. Smith is representing the plaintiff. The case is scheduled for a hearing at the Wheaton Courthouse on Dec. 8.

This is a report on a civil lawsuit filed in DuPage County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it only represents one side of the story.

This story has been updated.