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Suit jury finds no bait-switch by dealership
The Clearwater man came prepared because he expected a confrontation, the jury forewoman says.
By ALEXANDRA ZAYAS
Published March 3, 2006
TAMPA - Arden Dittmer was too prepared when he walked into Ed Morse Cadillac in April with $20,000 in his pockets and a private investigator by his side, a jury decided Thursday.
Dittmer, 42, of Clearwater was not awarded the $18,000 he was seeking when he sued Morse Operations Inc. after a salesman refused to sell him a 2002 Cadillac Escalade advertised in Auto Mart magazine for $16,990. That price is less than half of its market value.
Records show the salesman told Dittmer the advertised price was a misprint, and showed him a letter of retraction by Auto Mart for the mistake.
Nevertheless, Dittmer sued for breach of contract. He maintained in a civil trial this week in Hillsborough Circuit Court that he believed the low price was a bait by the company to lure potential buyers in, then increase the price to $34,990 in the store.
The jury sided with the dealership.
"We felt there was a mistake made from the beginning, and that the dealer did not try to do anything to trick the plaintiff," said jury forewoman Shawn Sahr, 44.
And Dittmer knew it was a mistake, she said.
"We feel he expected a confrontation, and that's why he took the steps he did when he went to the dealership," Sahr said.
Dittmer's attorney, Richard T. Heiden, told Hillsborough Circuit Judge Ralph C. Stoddard he planned to file a written challenge to the jury's verdict.
Alexandra Zayas can be reached at 813 226-3354 or azayas@sptimes.com
[Last modified March 3, 2006, 02:15:34]
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