Should this law suit fly or get shot down?
White Lake woman waged a new fight against high gas prices Friday.
Victoria Jean Church-Dellinger filed a $5 million class-action suit in federal court against Ally Financial Inc. for keeping the half a tank's worth of gas in her 2008 Pontiac G6 when it was repossessed.
"It's the same as if you left your jacket in there and they didn't return it to you," Brian Parker, her Bingham Farms attorney, said in an interview. "You can't take someone's coat or fuzzy dice, and you have to return the gas."
Church-Dellinger, 43, wants more than $5 million, which represents three times the fair market value of all gasoline taken from Michigan residents by the Detroit-based automotive financial services company over the last six years, according to the suit. She also wants the Detroit-based auto lender, which is majority-owned by the U.S. government, to return all gasoline seized during that time or pay fair market value.
And she wants Ally in the future to give owners whose vehicles are repossessed credit for gasoline left in the tank.
There was no comment from an Ally spokeswoman.
- RandyLv 79 years agoFavorite Answer
Well, she'll get her 15 minutes of fame for the lawsuit but that's about it.
All the company has to argue is that the fuel in the car is essentially part of the car and intrinsic to it's ability to operate, much in the way the car battery is and the oil in the motor is.
The gas being like a jacket left in the car that needs to be returned is a bad analogy to use since the car can operate without the jacket quite nicely and it is not considered part of the car. When she got the car it no doubt had gas in it.....but it certainly didn't have a jacket in it. Therefore, when the car is repossessed it goes with the gas.
In fact, unless she can show she GOT the car with a half tank she should have been charged a fee once the car was repossessed since it should have had the full tank it came with.
- AnnieLv 79 years ago
She has some ovaries, I'd be too embarrassed for the world to know my car was repossessed.