A local car dealership has been accused of selling a vehicle with undisclosed structural damage, sparking a legal battle that could set a precedent for consumer rights in Ohio. On December 31, 2025, the Wayne County Court of Appeals heard an appeal from SD Orrville, LLC, operating as Serpentini Chevrolet Buick of Orrville, after the dealership was found guilty of violating consumer protection laws and committing fraud against Kyle Burgett.
The case revolves around Burgett’s purchase of a 2019 Chevrolet Equinox from Serpentini on March 9, 2022. Burgett claimed he was misled by the dealership’s assurances that the vehicle had undergone rigorous inspections and was certified to meet high safety standards. However, subsequent issues with the vehicle revealed significant pre-existing structural damage that had not been disclosed at the time of sale. This discovery led Burgett to file a complaint in November 2023 against Serpentini for violations under the Ohio Consumer Sales Practices Act (CSPA), the Magnuson Moss Warranty Act (MMWA), and fraud.
Burgett’s allegations were supported by expert testimony during a bench trial. His expert detailed how the structural damage should have been evident to any competent inspection team due to visible signs such as bent frame rails and makeshift headlamp brackets. Despite these findings, Serpentini argued that there was insufficient evidence to prove they were aware of the damage at the time of sale or that it existed before a minor accident in March 2023.
The court sided with Burgett, awarding him $14,997 in actual damages—trebled to $44,991 under CSPA provisions—and attorney fees amounting to $76,099.66. The court found that Serpentini’s failure to produce documentation supporting their claims about the vehicle’s condition contributed significantly to their liability. The decision emphasized that even if Serpentini did not knowingly commit fraud, their negligence in failing to detect or disclose such critical defects constituted deceptive practices under Ohio law.
In response to Serpentini’s appeal arguing insufficient evidence and improper awarding of damages and attorney fees without due process, the appellate court affirmed most parts of the trial court’s decision but agreed on one point: that Serpentini was denied due process regarding attorney fees as they were not given adequate time to respond before judgment was rendered.
As this case progresses through appeals and potential further litigation, it highlights crucial aspects of consumer protection laws and dealership responsibilities in Ohio. It also underscores how dealerships must maintain transparency and thoroughness in their sales processes to avoid similar legal pitfalls.
Representing SD Orrville were attorneys Emily K. Angelwicz, Joseph T. Dattilo, and Grant L. McCleod while Christina Gill Roseman represented Kyle Burgett. The case was presided over by Judge Scot Stevenson with Case ID 25AP0002.
Source: 2025Ohio5837_Burgett_v_SD_Orrville_LLC_Opinion_Ohio_Court_of_Appeals.pdf