Dan Harkins Jul. 28, 2015, 12:44pm

A customer is suing the owner of a gas station, alleging it sold her gas instead of diesel fuel.

Kim Smith, on behalf of others similarly situated, filed a class-action lawsuit July 8 in Cook County Circuit Court against Lake Petroleum Inc.

According the complaint, on June 2, Smith went to a gas station owned by the defendant at 31667 N. Highway 12, Volo, to fill up her 2014 Volkswagen Jetta TDI, a diesel-powered car. The suit says her receipt says she bought $35.25 of diesel fuel from pump No. 1 at the station. However, the next day, the lawsuit states, she took her car for servicing after it experienced sputtering and was told that there was gasoline in her engine, which required draining and a new fuel filter.

The class action asks the court to answer several questions. Was the fuel sold at pumps 1 and 2 diesel? Did the defendant sell diesel fuel with gas in it? Was the defendant marketing and labeling fuel incorrectly? Did the defendant disclose all the facts about the fuel it sold? Was the fuel sold of good quality? Did the defendant conceal information about the fuel containing gas? Did the defendant sell an appropriate fuel? Did the defendant owe a duty of care for customers? Are members of the class entitled to monetary relief? Are they entitled to an award of attorney fees and court costs?

Smith asks the court to consider this case a class action, to require the defendant to correct its fuel delivery systems and seeks unspecified damages, court costs and attorney fees. Smith is represented by attorneys Paul Markoff and Karl Leinberger of Markoff Leinberger in Chicago.

Cook County Circuit Court case number 2015CH10517.

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