The State Court of Cobb County granted the motion for summary judgment filed by GAPVT Motors, Inc. in David Johnson’s action for fraud and violations of Georgia’s Fair Business Practices Act in connection with his purchase of a car from GAPVT.1 Johnson appeals, and, for the reasons that follow, we reverse. “In order to prevail on a motion for summary judgment under OCGA § 9-11-56, the moving party must show that there exists no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of law.” Citations and punctuation omitted. Benton v. Benton , 280 Ga. 468, 470 629 SE2d 204 2006. If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiff’s claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial. Further, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.Citations and punctuation omitted. Sudduth v. Young , 260 Ga. App. 56, 57 1 579 SE2d 7 2003. “On appeal from the denial or grant of summary judgment the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citations and punctuation omitted. Benton v. Benton , 280 Ga. at 470.
Viewed in the light most favorable to Johnson, the record shows the following undisputed facts. In late March 2005, GAPVT offered a used Mustang GT for sale at its dealership, Marietta Pontiac Buick GMC Hummer. The window sticker identified the car as a Mustang Saleen, a limited edition model that is, according to Henderson, approximately twice as valuable as the Mustang GT it resembles. The car also had numerous permanent decals and markings identifying it as a Saleen. The window sticker that identified the car as a Saleen indicated that the car had some of the Saleen’s special features, including a six-speed standard transmission. The car actually had a Mustang GT’s five-speed standard transmission.
