WHITAKER v. M.T. AUTOMOTIVE, INC.

No. 2005-0331.

111 Ohio St.3d 177 (2006)

2006-Ohio-5481

WHITAKER, APPELLANT, v. M.T. AUTOMOTIVE, INC., D.B.A. MONTROSE TOYOTA, APPELLEE.

Supreme Court of Ohio.

Decided November 8, 2006.


Attorney(s) appearing for the Case

Young & McDowall, Laura K. McDowall, and Rocco P. Yeargin, for appellant.

Brouse McDowell, Clair E. Dickinson, and Joseph T. Dattilo, for appellee.

Willis & Willis Co., L.P.A., Mark C. Willis, and Todd L. Willis, urging reversal for amicus curiae Ohio Academy of Trial Lawyers.

Burdge Law Office Co., L.P.A., and Ronald L. Burdge; and Thomas Domonoske, urging reversal for amicus curiae National Association of Consumer Advocates.

Cooper & Elliott, L.L.C., David A. Brown, and Andrew J. Sonderman, urging affirmance for amicus curiae the Ohio Automobile Dealers Association and Ohio Council of Retail Merchants.


LANZINGER, J.

{¶ 1} We accepted this case as a discretionary appeal to clarify what damages are available under R.C. 1345.09, the private-remedy section of Ohio's Consumer Sales Practice Act ("CSPA").

Facts

{¶ 2} This dispute, which is between appellant, Craig Whitaker, and appellee, M.T. Automotive, Inc., a car dealership doing business as Montrose...

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