CLAYTON, Mo. (CN) – He sailed his paper airplane through the sunroof, but he didn’t get the car. So a fan sued the North American Hockey League team and the Chevrolet dealer who offered the Chevy Cobalt as a prize at a St. Louis Bandits hockey game.
Plaintiffs Randy and Mary Mueller bought tickets for a Feb. 5, 2010 Bandits game, which benefitted Backstoppers – a group that helps families of fallen firefighters and police officers.
As part of the fund raiser, the Bandits held a paper-airplane throwing contest during an intermission. A fan who managed to throw a paper airplane through the sunroof of a 2010 Chevy Cobalt was promised a brand new Cobalt from co-defendant Johnny Londoff Chevrolet.
Randy Mueller says he won, and was told to go to Johnny Londoff’s the next day to get his car – but the dealer refused to hand over the keys.
“(D)efendants did not have the intention to unconditionally provide a free 2010 Chevrolet Cobalt to the contest winner,” Mueller says.
“Defendants’ representations were made knowingly or without knowledge as to the truth of falsity of the representations and were therefore a deception, fraud, false pretense, false promise, or misrepresentation in violation of Section 407.020 of the Revised Statutes of Missouri.”
The Muellers seek punitive damages for consumer fraud. They are represented by Philip Spelcher with Mathis, Marifian & Richter.