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DaimlerChrysler Fin. Servs. Americas LLC v. Wages

The Court reversed the partial denial of summary judgment based on its decision in DaimlerChrysler Motors Co. v. Clemente, A08A0870; A08A0871, A08A0872 09/25/08, 08 FCDR 3085 10/10/08.

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Marshall A. Wages purchased a 2004 Dodge Ram from Metro Dodge, Inc., an authorized Dodge dealership located in Snellville. As part of the sale, Metro agreed to pay off the loan on the vehicle that Wages was trading in. After Metro failed to pay off the loan on his trade-in vehicle, Wages filed suit against Metro and several of its officers, alleging that they were liable in contract and tort for not paying off the loan. Marshall later added as defendants Metro’s franchisor, DaimlerChrysler Motors Co. “Chrysler Motors”, and Metro’s primary lender and creditor, DaimlerChrysler Financial Services Americas, LLC “Chrysler Financial” based on several theories of vicarious and direct liability.1 The Chrysler Defendants moved for summary judgment, which the trial court initially denied but later granted in part. The trial court also amended its summary judgment order to exclude the testimony of Wage’s expert witness as evidence. In Case Nos. A08A0991 and A08A0992, the Chrysler Defendants contend that the trial court erred in denying summary judgment in their favor on Wage’s vicarious liability claims and on his direct liability claims for negligence, fraud, negligent misrepresentation, tortious interference with contract, conversion, punitive damages, and attorneys fees.

In Case No. A08A0993, Wages contends that the trial court erred in excluding his expert’s testimony; granting summary judgment to the Chrysler Defendants on his conversion claim; granting summary judgment to Chrysler Financial on the issue of whether it could be held vicariously liable for the acts and omissions of Chrysler Motors under an “alter ego” / piercing the corporate veil theory; and granting summary judgment to Chrysler Motors on his claim that it could be held vicariously liable for Metro’s alleged civil RICO violations.

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