Villanueva v. Toyota Motor Sales, U.S.A., Inc.

Bernard and Lisa Villanueva, plaintiffs, appeal from the dismissal under section 2 — 619 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 619 (West 2004)) of their claim that Grossinger City Toyota (Grossinger), defendant, breached its implied warranty of merchantability by failing to honor the extended service agreement they bought when they purchased their 2004 Toyota Sienna van. We reverse and remand.

Plaintiffs purchased the used Sienna from Grossinger on July 6, 2004. They signed a form printed on Grossinger stationery with this disclaimer: “The below named purchaser is agreeing to…