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Walker v. Ace Auto Sales & Leasing Inc.

The trial court erred in granting summary judgment to the individual defendants, because the issue of piecing a used auto dealership's corporate veil was a jury question.

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Raymond Walker and Jack Boatright sued ACE Auto Sales & Leasing, Inc., Deborah Mason, Leonard Mason, and Dereck Mason, alleging that ACE Auto defaulted on loans Walker and Boatright provided to finance ACE’s purchase of automobiles for resale. The trial court denied the motions for partial summary judgment filed by Walker and Boatright and granted the motions for summary judgment filed by the individual defendants. Because we find that the trial court should have denied the cross-motions for summary judgment, we affirm in part and reverse in part. Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law.1 We review the grant of summary judgment de novo, construing the evidence and all reasonable inferences in favor of the nonmoving party.2

Here, the evidence shows that Walker and Boatright both entered into unwritten agreements with Leonard Mason, allegedly acting as an agent or employee of ACE Auto. Pursuant to those agreements, Walker and Boatright would periodically loan funds to ACE Auto for the purchase of vehicles from wholesale used car auctions. The parties did not agree as to when the loans became due, but they acknowledged that repayment included both the principal and a ten percent surcharge. As security for the loans, Walker and Boatright retained physical possession of the certificates of title for any vehicles purchased with funds they had provided.

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