Lawsuit alleges car dealer didn't tell man who later died his vehicle was leaking carbon monoxide

By Louie Torres | Oct 14, 2016

CHICAGO — An administrator of a deceased man's estate has filed a wrongful death claim against Fishacar Ltd., which does business as Autobarn Volkswagen of Countryside, saying the dealership failed to inform the deceased man that his car was emitting carbon monoxide into the passenger compartment when he brought to them for repair work.

Kevin O'Rourke, as independent administrator of the estate of Phillip Osborne, filed a complaint in Cook County Circuit Court against Autobarn Volkswagen, alleging the dealership didn't repair Osborne's vehicle safely.

According to the complaint, the plaintiff alleges that in May 2015, Osborne died after taking his vehicle to the defendants' shop for repair, where the defendant allegedly failed to inform Osborne that carbon monoxide was entering the passenger compartment and then allowed him to leave in the unsafe vehicle. The plaintiff holds the defendant responsible for the alleged failure to warn and failure to prevent Osborne from leaving in the unsafe car.

The plaintiff seeks judgment against the defendant in an amount greater than $50,000 plus court costs. He is represented by Trapp & Geller in Chicago.

An attorney for Autobarn Volkswagen said the business denies all allegations. 

Cook County Circuit Court Case number 16L007462

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