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GasBuddy News Article

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Half-tank of gas spurs $5M suit

Detroit News -- A 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 ...


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Submitted Feb 27, 2012 By: BurntOrange
Category: Daily News Article Discussions > Topics Add to favorite topics  
Author Topic: Half-tank of gas spurs $5M suit Back to Topics
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blupupher
Champion Author Houston

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Message Posted: Feb 28, 2012 11:38:12 AM

So she is behind $5800 in paymenat and has the nerve to sue over at the most $40 worth of gas?
And $5,000,000? Really. What a waste of the courts time.
They should go pour the gas on her lawn (hey, they are just returning it to where it came from).
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flahusky
All-Star Author Florida

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Message Posted: Feb 28, 2012 5:45:45 AM

tl:dr
FTA: In November, she owed more than $5,800. Ally charged her for excess mileage, excess wear and late charges, according to a statement included with the lawsuit. She was not credited for the approximately half-tank of gas left in the car, Parker said.

They (Ally) need to submit a bill to her for the full tank of gas it had in it when it was delivered, then credit her for the 1/2 tank and sue her the rest.

as am FYI; her lease was $249 a month so over $5k due means she didn't pay for almost 2 years that is a pretty generous 'let it ride' from Ally Most banks would repo the car after 2-3 missed payments.
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Mark8601
Champion Author Bakersfield

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Message Posted: Feb 28, 2012 3:56:23 AM

Anybody check on the background of Ally Financial? Is it part of Ally bank? I think they were bought by B of A with TARP money. Hmmmmm
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TIGERPAW46
Champion Author Florida

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Message Posted: Feb 28, 2012 12:33:27 AM

You think this one is weird, there was another case with Tow Trucks.

In Short, Guy & wife took a taxi to the airport with their luggage in the trunk. they made a stop along the way and had the driver wait outside. When it took longer than expected the driver went inside to check on them. Boom! Tow truck comes by & sees taxi without Driver illegally parked. Starts hooking up taxi as Driver returns with couple. Too bad Charlie Brown he doesn't care. Argument, because he won't even let couple retrieve luggage. He pulls off with Couple & Driver in pursuit after telling them where they can get the car & contents.

Tow yard won't release luggage unless Charges are paid which driver doesn't have money to pay. Couple pays tow charge as tow yard opens trunk. Driver throws luggage on ground & while couple try to retrieve & argument with toe yard. Driver peels out leaving couple with luggage in tow yard to miss airplane. Now there is a Suit case or is it a suitcase!!! No Joke though It really Happened.
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TempleAlumni
Rookie Author Allentown

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Message Posted: Feb 28, 2012 12:30:02 AM

AS A JUDGE, I WOULD LET HER CUT A DEAL: YOU CAN GO GET YOUR GAS, UNDER 1 CONDITION:
YOU CAN SIPHON OUT THE GAS BUT...
1.) YOU MUST DO IT WITH A TUBE USING YOUR MOUTH ONLY, BUT...
2.) YOU HAVE TO SPLIT THE AMOUNT SIPHONED INTO 2 SO YOU CAN REST...
3.) YOUR LAWYER GOES FIRST...

DISCLAIMER:WHEN YOU SIPHON,ONCE YOU PULL AIR THROUGH TUBE- IT FLOWS ALL BY ITSELF,NO GAS IN MOUTH
MY UNCLE IS A CORPORATE LAWYER
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Michael29644
Champion Author Greenville

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Message Posted: Feb 28, 2012 12:25:51 AM

Wake up people. This is a CLASS ACTION suit. The only people who stand to make any money off this are the lawyers.
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jetskijerry
Champion Author North Carolina

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Message Posted: Feb 28, 2012 12:25:10 AM

go for it!
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abacus44
Champion Author Toms River

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Message Posted: Feb 28, 2012 12:24:00 AM

Throw the case out! Wouldn't hurt if she gets countersued for filing a frivolous lawsuit.
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Zonk
Champion Author Michigan

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Message Posted: Feb 28, 2012 12:20:36 AM

Did the dealer lease her the car with the tank full?
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herndonks
Champion Author Baltimore

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Message Posted: Feb 28, 2012 12:19:46 AM

Ya
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jjb67
Veteran Author Orlando

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Message Posted: Feb 28, 2012 12:18:56 AM

Well let's see...looking at the monthly budget...2 fill ups/week @ $3.25/gallon for a 12 gallon capacity tank in the car = $78/week = $312/mo; car payment = $375/mo.

Now, with gas @ $3.80/gallon, 2 fill ups/week = $364.80/month (actual cost)--that's $52.80 over budget. Looks like the auto lender will only get $322.20/month...about 3 months of shortages, no wonder the car got reposessed. Not entirely her fault her car was reposessed...maybe the big oil companies, the "environmentalist whackos" (quoting Rush Limbaugh), and even President Obama (who kept putting his foot down and said "NO" to the Keystone Pipeline and said "NO" to drilling within our borders) should foot the bill for her legal fees, perhaps?
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TIGERPAW46
Champion Author Florida

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Message Posted: Feb 28, 2012 12:17:44 AM

This does seem ridiculous. But the problem is she found a lawyer to take the case ,as a class action of course. Then he or the firm gets around 1/2 the settlement $3 mil. The clients, Whoever they have sign up split the balance minus whatever other deductions apply. So if they have every person that can prove their car was towed, around 80,000 people it appears, each would theoretically get around $37.50. Wow & you think the law firms are crazy to take these crazy suits for $3,000,000.

It's the Lawyers who file them that should be Fined for tying up the courts. They find someone who feels cheated and get them to sign on as a plaintiff so the Law firm can make big bucks. Who's going to make the most money off the Gulf of Mexico Oil spill. Some of the people who suffered losses may get part of their loss back. I got nothing. The Law firms make a bunch no matter who wins one law firm or another will get paid.
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Rudys Girl
Champion Author Detroit

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Message Posted: Feb 28, 2012 12:12:31 AM

I think 5M is a little much (waaaay too much), but with all the fees and such the bank is charging her, why shouldn't she be reimbursed for the fuel she put into the car? Give her what a half a tank of gas would've cost at the time the car was reposessed and send her on her way.
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KnoxGasPriceSpy
Champion Author Knoxville

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Message Posted: Feb 28, 2012 12:12:05 AM

BS....
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judgemobile
Champion Author Ohio

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Message Posted: Feb 28, 2012 12:10:40 AM

she DID NOT pay for the car, it was re-possessed, and she is worried about a few bucks worth of gas ? LUDICROUS.
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granitestater
Champion Author New Hampshire

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Message Posted: Feb 28, 2012 12:10:22 AM

She's smoking wacky terbackey or somthin'...
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heartbroken2010
Champion Author Ottawa

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Message Posted: Feb 28, 2012 12:10:01 AM

this is a joke.she cant be serious
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lowpet
All-Star Author Texas

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Message Posted: Feb 28, 2012 12:09:56 AM

if she wins I want a her to share as we are all under high gasoline prices
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bruceha2000
Champion Author Vermont

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Message Posted: Feb 28, 2012 12:08:02 AM

She OWES the company THOUSANDS of dollars drove the car for free for who knows how long and is suing for $5M over $20 worth of gas?

Both she and her lawyer should spend a few days in jail on a charge of filing a frivolous lawsuit and costing the taxpayers for the court.
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fieldt
Champion Author Lansing

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Message Posted: Feb 28, 2012 12:07:07 AM

Guess she is kinda pissed, eh?
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schvanda63
Champion Author Lansing

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Message Posted: Feb 28, 2012 12:06:32 AM

That is kinda funny. When my wife totalled our Jetta TDI a few years ago I had just filled the tank, and the insurance company reimbursed me for the fuel.
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rtw777
Champion Author Florida

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Message Posted: Feb 28, 2012 12:06:28 AM

Silly suit.
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LexieKY
Champion Author Lexington

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Message Posted: Feb 28, 2012 12:03:56 AM

frivolous
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Kmankeith
All-Star Author Rhode Island

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Message Posted: Feb 28, 2012 12:01:25 AM

liberal bull shit
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wz
Champion Author Twin Cities

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Message Posted: Feb 28, 2012 12:00:58 AM

What ever happened to personal responsibility? I hope the case never gets to court. If she made her payments, she wouldn't have to worry about half a tank of gas.
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sydb7
Champion Author Atlanta

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Message Posted: Feb 28, 2012 12:00:32 AM

ok
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FastAndy
Champion Author Indianapolis

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Message Posted: Feb 27, 2012 11:56:07 PM

That is just crazy.
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joekayak
All-Star Author Massachusetts

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Message Posted: Feb 27, 2012 11:47:58 PM

That is some pretty expensive gas.
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Sneakers55
Champion Author Houston

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Message Posted: Feb 27, 2012 11:46:28 PM

On Feb 27, 2012 10:05:08 AM, SycamoreISU wrote:

>If she's so broke that she can't make her car
>payment, how did she manage to pay a retainer
>for an attorney?

Discussion between my late father and I about the legal profession:

Pop: "Lawyers will talk as long as somebody will pay them."
Me: "That may not shut them up, they can always work pro bono."
Pop: "Does 'pro bono' mean what I think it does?"
Me: "It means they do it without getting paid."
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doeslayersr
Champion Author Illinois

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Message Posted: Feb 27, 2012 11:28:58 PM

A comical article for sure.

Some very good comments by the below gasbuddies.
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ExplorerWA
Champion Author Washington

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Message Posted: Feb 27, 2012 11:08:12 PM

Frivolous lawsuits cost us plenty and tie up the legal system yet everyone is entitled to their day in court.
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liltruckman
Rookie Author Memphis

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Message Posted: Feb 27, 2012 9:32:40 PM

I think this woman should go to trial and when she looses and she should have to pay all court costs and the attorneys fees for both sides.
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playtimeCLE
Champion Author Cleveland

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Message Posted: Feb 27, 2012 8:31:56 PM

And I want my new brake pads back too! LOL..... deep breath... LOL........
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BuckyTJones
Champion Author Salt Lake City

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Message Posted: Feb 27, 2012 6:30:32 PM

OVER LOOK THE OBVIOUS TO FIND THE RIDICULOUS!
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SammyAdams
Champion Author Tallahassee

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Message Posted: Feb 27, 2012 5:35:44 PM

I was tempted to pass by this article not knowing what the public reaction would be, but I am pleased that most understand how devastating this is to our legal system. The Court is there to provide justice, but this woman has not been injured, as far as I can tell. Not unlike the woman who foolishly scalded herself when she (wearing no underclothes) put a hot cup of coffee between her legs, this woman is just looking for an opportunity to mock our system and make a few million dollars.

I am not certain, however, that we need major tort reform as some have suggested. Most construe that to mean that we need to put limits on the amount of damages that Plaintiffs can receive. I believe, however, that it might be better to have a more reasonable and mature jury.

If the recovery company had given her a hose and told her to siphon her gas out, she might would have swallowed some gas and would have sued them for millions anyhow. What a mess!
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BBopp
Champion Author Dayton

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Message Posted: Feb 27, 2012 5:12:04 PM

Ridiculous! What's the repo person supposed to do? Siphon the gas out into gas tanks? Leave them a gas card in the mail box for $25? If she wasn't default she would have nothing to worry about.
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clpassenubye
Champion Author Los Angeles

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Message Posted: Feb 27, 2012 4:45:38 PM

She's crazy.
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glorioussnookie
Champion Author Tennessee

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Message Posted: Feb 27, 2012 2:19:47 PM

tnfran you and so many others hit the nail on the head!!!!

These frivolous lawsuits end up costing us all $$$$$$$$!!!!

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doctorindyj
Champion Author Santa Fe

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Message Posted: Feb 27, 2012 1:27:54 PM

So why isn't she suing for just the price of the gas? Get rich quick schemes, and if she wins consumers will be paying higher prices to make up for it. AS a few others said where is tort reform?
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tnfran
Champion Author Arizona

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Message Posted: Feb 27, 2012 1:23:18 PM

Talk about the "Greedy Oil Co's"!!! This really takes the cake for GREEDY ATTORNEYS . They will stop at nothing to garner more $$$$ for themselves no matter the right or wrong of any lawsuit.
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Charley_7
Veteran Author New York

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Message Posted: Feb 27, 2012 12:37:12 PM

Can't tell if it's stupid or genius. Wonder what kind of legal precedent this will set if she wins...
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schatzila
Champion Author Los Angeles

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Message Posted: Feb 27, 2012 12:22:56 PM

ridiculous.
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qwerty17
Champion Author New Jersey

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Message Posted: Feb 27, 2012 12:02:47 PM

shame on you, ms. dellinger. frivolous lawsuits like these are the downfall of america. you are a parasite.
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leraar2
Champion Author Massachusetts

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Message Posted: Feb 27, 2012 11:57:45 AM

right on, lady.
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CVA19
Champion Author Salem

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Message Posted: Feb 27, 2012 11:53:11 AM

I wish ours was a "loser pays" legal system. and I hope that she and the snake-oil law firm that took the case are the losers!

She and the others this law firm purports to represent probably owed at least a couple months worth of payments on their vehicles before they were repossessed. Any gas in the tanks should count as partial payment to the bank, along with "someone's coat or fuzzy dice".

It's a travesty of justice that our legal system protects people who make bad choices. Part of the "dumbing down" of America.
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Tehbob
Champion Author California

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Message Posted: Feb 27, 2012 11:52:56 AM

good for her!
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TerrySawchuk
All-Star Author British Columbia

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Message Posted: Feb 27, 2012 11:40:27 AM

That is too good!
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JCI46009IN
Champion Author Indiana

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Message Posted: Feb 27, 2012 11:37:02 AM

I really like this oen! I hope she wins...........
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amoshins
Champion Author Trenton

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Message Posted: Feb 27, 2012 11:19:35 AM

I can't believe she could win this case - per the article.
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Van_Halen
Champion Author Atlanta

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Message Posted: Feb 27, 2012 11:08:26 AM

.
I have bad news for this idiot, she didn't own the car the bank did so the bank actually owns the gas that was left in the car when it was repossessed because SHE didn't make the payments SHE promised to make. SHE had no right driving the car and should have turn it in when requested, that way SHE would not have had a half tank of gas in it now would she?!
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