The case of a local car dealer, suing his competition, was back in court Monday.
Earl Stewart Toyota is suing competitor Arrigo Enterprises, accusing them of not only selling used cars with open Takata recalls, but not disclosing the recall to customers.
Stewart held a news conference in October, saying his dealerships would no longer resell used cars with open Takata recalls. He says it is his mission to make it illegal to sell used cars with open recalls to anyone.
In his lawsuit, Stewart claims Arrigo has cost him business because Arrigo is acting unfairly and unethically. In court Monday, his lawyer argued Arrigo is more likely to make a sale over Stewart because he can resell cars with open recalls.
On Monday, lawyers for Arrigo argued to dismiss the case saying Stewart made a voluntary business decision and they have done nothing to cause Stewart to suffer damages. In October, Arrigo denied any claims made in Stewart's lawsuit and said they would stop selling cars with Takata airbag recalls.
On Monday, a judge dismissed Stewart claims of damage, but did say he has 10 days to amend his complaint and argue them again.
Arrigo's lawyers say if the judge dismisses those damage claims the rest of the lawsuit is called into question and may not move forward.
Stewart's lawyer says they will continue to fight for what's right.