Small v. Savannah Int'l Motors Inc.

Some evidence authorized a jury to find that the car dealership violated the Odometer Act when it gave the plaintiff a signed odometer disclosure statement that did not have a check mark by the box on the statement indicating an odometer discrepancy on the used car the plaintiff purchased.

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Barbara Small sued Savannah International Motors, Inc., “Motors” asserting numerous claims arising out of her purchase of a used car. She appeals the trial court’s grant of summary judgment to Motors on all claims. Small also appeals the trial court’s denial of her motion for summary judgment as to Motors’s liability on her claims for breach of implied and express warranties and violation of 49 U. S. C. § 32701 et seq. the “Odometer Act”. For the reasons set forth below, we conclude that the trial court erred in granting summary judgment to Motors as to Small’s Odometer Act claim, but we affirm the trial court’s grant of summary judgment to Motors on her other claims. We also affirm the trial court’s denial of Small’s motion for summary judgment as to liability. On appeal from the grant or denial of a motion for summary judgment, we conduct a de novo review of the law and evidence, viewing the evidence in the light most favorable to the nonmovant, to determine whether a genuine issue of material fact exists and whether the moving party was entitled to judgment as a matter of law. Holbrook v. Stansell , 254 Ga. App. 553, 553-554 562 SE2d 731 2002.

So viewed, the evidence shows that on June 7, 1999, Small and her husband went to Motors’s place of business to shop for an automobile. They told the salesperson that they wanted a car that would be reliable transportation and that they did not want a car with a lot of mechanical problems. The salesperson showed them a 1994 BMW and made the following representations regarding the vehicle: i that it was in “good” condition, ii that it was in good mechanical condition, and iii that the car had been driven 50,000 miles. The salesperson also told them that the car had a “Texas Salvage title” because it had been stolen and recovered shortly thereafter, but that the car had not been damaged and had not been in a wreck.

Small v. Savannah Int'l Motors Inc.

Some evidence authorized a jury to find that the car dealership violated the Odometer Act when it gave the plaintiff a signed odometer disclosure statement that did not have a check mark by the box on the statement indicating an odometer discrepancy on the used car the plaintiff purchased.

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