Clark, Perdue, Arnold & Scott's Blog

Stay safe on the roadway this holiday season by making sure that you and your vehicle are travel-ready.

Vehicle Inspection

Inspect your vehicle before you leave. Check your oil, coolant and washer fluid levels.

Also, check the air pressure of your tires with a tire gauge. Be sure that tires are inflated to the pressure level recommended by the vehicle's manual. Proper tire inflation will improve your gas mileage and ensure that your vehicle reacts properly in emergency maneuvers, like swerving to avoid a collision.

If it has been awhile since your vehicle had a tune-up, you may want to visit a mechanic for an inspection of the vehicle's brakes, battery and engine.

Safety Equipment

Pack safety equipment. You never know when you may get a flat tire or run into some bad weather while traveling.

You should always carry a spare tire -- and the tools necessary to use it -- in your trunk. If you are renting a car, make sure that your rental car has a workable spare tire (i.e., not already flat) in the trunk.

In addition to a spare tire, pack a flashlight and flares. If you need to change a tire on the side of the road at night, you will want to alert other motorists.

Traveling in cold weather requires additional packing. Blankets, bottled water and a shovel may prove to be lifesavers. Even if you have emergency roadside assistance, you can never be certain of how long it will take for someone to reach you.

Road Conditions

Check your route before you leave. The following website contains information on traffic delays, hazardous driving conditions, and road construction on Ohio's roadways: http://www.buckeyetraffic.org/.

Peace of Mind

If you are traveling somewhere unfamiliar, bring a map. Even if you check the road conditions before you leave, road conditions change, and you may have to alter your planned route.

Finally, right before you hit the road, fill up your gas tank and charge your cell phone's battery. You do not want to be stuck in a traffic jam with an empty gas tank and a dead cell phone.

The Ohio Supreme Court held last week that Ohio's Consumer Sales Practices Act (CSPA) permits a consumer who is harmed by an unfair or deceptive trade practice by a supplier is entitled to recover noneconomic damages in addition to economic losses. The case is Whitaker v. M.T. Automotive, Inc., 2006-Ohio-5481.

In this case, Craig Whitaker took possession of a used pickup truck in October 2001, with the understanding he and the dealership had signed a binding lease agreement. A few days after Whitaker took possession, the dealership declared that Whitaker "had not qualified" for financing under the original lease agreement, repossessed the truck and refused to refund Whitaker's $1,500 down payment, because he declined to sign a new lease that included less favorable terms.

Whitaker had sold his old truck, and because the new truck was repossessed, he was left without transportation for several weeks. He sued the dealership citing various CSPA violations and sought damages for expenses resulting from the repossession, in addition to damages for inconvenience, public embarrassment and emotional distress.

The jury awarded Whitaker $105,000 in damages in addition to legal fees. The trial court subsequently trebled the $105,000 as required by the CPSA. The court of appeals reversed the trial court verdict, and the case went up to the Ohio Supreme Court. In affirming the judgment of the trial court, the Supreme Court stated: "We hold that in an action brought under the CSPA, all forms of compensatory relief, including noneconomic damages, are included within the term 'damages' in [The Consumers Sales Practices Act]."