Date: 08-11-2016

Case Style: Wyatt Krager v. David Stanley of Norman

Case Number: CJ-2016-519

Judge: Thad Balkman

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney:

Jon Ortwein

Defendant's Attorney: <

a href="http://www.morelaw.com/lawyers/atty.asp?f=Bart&l=Robey&i=92761&z=73102" target="_new">Bart Robey

and

Bob Price

Description: Norman, OK - Wyatt Krager sued David Stanley of Norman on a fraud theory claiming that he was defrauded by the Defendant's employees' tortious and fraudulent conduct in the execution of a transaction for the purchase of a used motor vehicle. He claimed that on August 21, 2015, he visited the Defendant's dealership in Norman, Oklahoma and picked out a used 2013 Chevrolet Malibu and paid $5,000 in cash and financed the balance of the purchase price. He claimed that Defendant's employee repeatedly and intentionally misled him about the requirement to purchase add-on products and services, inclusive of a maintenance contract for $995, an extended service contract for $3,995.00 and GAP Insurance for $895. He was presented with and induced to sign a Retail Installment Sales Contract that listed the purchase price of the vehicle as $15,935 and include a finance charge of $8,338.44 and an APR of $13.9%

He was then contacted and told that the transaction could not be approved at the rated that had been disclosed in the RISC and was told that he needed to come back to the dealership and sign a new agreement.

He claimed that he was induced to enter into the agreement as a direct result of fraudulent representations by Defendant's employee in violation of common law, the Oklahoma Consumer Protection Act and Oklahoma Consumer Credit Code (14A O.S. 1-101, et seq.).

Defendant moved to dismiss claiming that Plaintiff was subject to an arbitration clause in the sales contract.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: