This case arises out of a contract entered into between S & W Sports Cars, Inc. d/b/a Ferrari of Atlanta hereinafter referred to as “Ferrari of Atlanta” and Sam Baez, on behalf of Eurorcar Classics, for the repair of Marcus Dominic’s Ferrari. Following a vehicle fire resulting in the total destruction of Dominic’s Ferrari, Dominic sued Ferrari of Atlanta for breach of the repair contract between Ferrari of Atlanta and Eurocar Classics and for negligence during its repair of Dominic’s vehicle. The trial court granted Ferrari of Atlanta’s motion for summary judgment as to both claims, finding that Dominic was not a third-party beneficiary of the repair contract and that Ferrari of Atlanta owed no duty of care to Dominic. Dominic appeals to challenge the trial court’s findings. We discern no error and affirm. “Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.” Citations and footnote omitted. Kaesemeyer v. Angiogenix, Inc. , 278 Ga. App. 434, 434 629 SE2d 22 2006. “A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Citation and footnote omitted. Id.
So viewed, the record shows that Dominic purchased a 2000 Ferrari 360 Modena with a salvage title from a dealer in California. After making several trips to California to inspect the Ferrari and check the progress of the repairs on it, Dominic had the Ferrari shipped to Atlanta. Dominic inspected the vehicle upon receiving it in Atlanta and found that it was running fine. When Dominic started the vehicle the next morning, however, it began overheating. Dominic testified that the overheating had not been a problem when he inspected the vehicle in California, but that it arose during shipment of the vehicle. Dominic contacted several Ferrari repair shops listed in the Yellow Pages and eventually reached Baez at Eurocar Classics, who indicated that he could repair the vehicle’s overheating problem. Dominic had his Ferrari towed to Eurocar Classics, where he left the vehicle for repair as well as an oil change. A couple of days later, Baez contacted Dominic and advised him that the vehicle needed a thermostat, radiator fan, and relay switches. Dominic authorized Baez and paid him in cash to go forward with the repairs. Before the repairs were completed, however, Baez contacted Dominic to let him know that Eurocar Classics was unable to “bleed” the vehicle’s cooling system i.e., extract all air pockets in the system in order to have a continuous flow . With Dominic’s permission, Baez drove the vehicle to Ferrari of Atlanta for advice on bleeding the vehicle’s cooling system, as well as on the radiator fans that continued to blow fuses. As set forth in the repair invoice between Ferrari of Atlanta and Eurocar Classics, Ferrari of Atlanta’s diagnosis of the vehicle was the presence of an air pocket in the cooling system and a blown fuse in the radiator. To correct these problems, Ferrari of Atlanta bled the cooling system and replaced the fuse. After Ferrari of Atlanta performed these repairs, it returned Dominic’s vehicle to Eurocar Classics. Dominic then picked up his vehicle from Eurocar Classics,1 and Dominic testified that the vehicle worked “fine, perfect” on the way home.
