Vaughn v. General Motors Corp.

This is an appeal from an order of the trial court dismissing with prejudice, plaintiff’s action against both defendants. The order dismissed for failure to state a cause of action, on the basis that the complaint sounded in tort and no cause of action in tort could stand under the reasoning of the Illinois Supreme Court in Moorman Manufacturing Co. v. National Tank Co. (1982), 91 Ill. 2d 69, 435 N.E.2d 443.

Plaintiff, Verlyn Vaughn, bought a 1977 Chevrolet truck from Art & Gene’s Chevrolet, Cadillac, Oldsmobile, Inc. Shortly thereafter he began having trouble with the brakes of the truck. The…