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Paulk v. Thomasville Ford Lincoln Mercury Inc.

The plaintiffs failed to show that the dealership knew that the car it sold the plaintiffs had been in a collision before the sale or that the dealership made any misrepresentation to the plaintiffs when the dealership representative stated that he did not know whether the car had been in a collision.

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In March 2008, Thomasville Ford Lincoln Mercury, Inc. sold a used Cadillac to Veronica and James Paulk. After the couple learned that the car had been involved in a collision and repaired before being sold to them, they sued Thomasville for fraud and deceit, unfair trade practices, breach of warranty, and revocation of acceptance. On appeal from the trial court’s grant of summary judgment, the Paulks argue that questions of material fact remain on each of these claims. We disagree and affirm.

On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law.Rubin v. Cello Corp., 235 Ga. App. 250 510 SE2d 541 1998.

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