An Ohio detailer has lost its case alleging breach of contract and fraudulent misrepresentation by Honda and Hyundai dealerships and their dealership group.
The state Court of Appeals refused to reinstate a lawsuit that accused Rick Case Honda in Euclid, Rick Case Hyundai in Cleveland and Rick Case Automotive Group, headquartered in Sunrise, Fla., of breaching an exclusive arrangement to provide auto detailing services.
The suit also alleged fraudulent misrepresentation. The detailer, Spit Shine A One Detailer in Cleveland Heights, will not appeal the decision, its lawyer said.
Spit Shine began servicing the two Case dealerships in 2011. But by 2015, the court decision said, both stores had stopped using the company.
The suit, filed in Cuyahoga County Court of Common Pleas, contended that the dealerships violated their contractual obligations and failed to provide the required 30-day cancellation notice. The detailer claimed lost revenue of more than $160,000, according to its lawyer, Jason Carter, of Shaker Heights, Ohio.
The stores denied liability and said they gave proper notice of cancellation. A lower court judge dismissed the case without a trial.
In upholding that ruling, the appeals court cited a series of flaws in the lawsuit. It said Spit Shine hadn’t provided copies of a contract with the Hyundai store or the dealership group. It also said the detailer presented no factual allegations that could make the dealership group liable.
In addition, a contract that the detailer did present had no provision for exclusivity, the three-member court panel said in an opinion written by Judge Frank Celebrezze Jr.
As for fraudulent misrepresentation, the court said Spit Shine offered no details on who made allegedly misleading statements about exclusivity, what those statements purportedly were and when they were made.
The Case group declined to comment on the court ruling.