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Gobran Auto Sales Inc. v. Bell

The Court reversed the verdict in favor of the plaintiff in her suit against an auto dealer in which she alleged that the dealer misrepresented the condition of a used car it sold her, since the Georgia Motor Vehicle Emission Inspection and Maintenance Act does not support a private right of action.

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Charity Bell sued Gobran Auto Sales, Inc., alleging that Gobran Auto misrepresented the condition of a used car it sold her. She asserted claims for violation of the Georgia Motor Vehicle Emission Inspection and Maintenance Act OCGA § 12-9-40 et seq., violation of the Georgia Fair Business Practices Act OCGA § 10 1 390 et seq., violation of the odometer statute OCGA § 40-8-5, and fraud. The jury handed down a verdict in her favor on all counts and awarded both compensatory and punitive damages. In its final judgment, the trial court applied the treble damages provisions of both the Fair Business Practices Act and the odometer statute to the compensatory damages award and entered an additional award for attorney fees and litigation expenses.

On appeal Gobran Auto argues that it was entitled to a directed verdict on all counts and that the trial court erred in calculating treble damages and in awarding both punitive and treble damages. About the Georgia Motor Vehicle Emission Inspection and Maintenance Act, we agree with Gobran Auto that it does not support a private right of action. But as to the other counts, we find the evidence sufficient. We also agree with Gobran Auto that the trial court erred in calculating treble damages. Gobran Auto’s other claims of error are without merit. Because of the errors we find the trial court to have committed and because the verdict did not allocate compensatory damages among the several counts, we must reverse the judgment entered on the verdict in Bell’s favor.

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