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Hill v. Mercedes Benz USA LLC

Some evidence showed that the defendant failed to successfully repair the plaintiffs' new Mercedes-Benz roadster, despite the replacement of multiple parts and extensive repairs involving 22 trips to the dealership.

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This appeal arises from a warranty action commenced by Cheryl and Edna Hill against Mercedes Benz USA, LLC “MBUSA” relating to their purchase of a new 2001 Mercedes-Benz SLK230 roadster. The trial court entered a comprehensive order granting summary judgment to MBUSA on all counts of the Hill’s complaint. The Hills now appeal from certain portions of that order, contending that the trial court erred in ruling that there was insufficient evidence as a matter of law to support their claims for breach of express and implied warranties, and in ruling that they failed to provide competent evidence of damages relating to the diminished value of the vehicle. We agree and reverse as to these portions of the trial court’s order.1

“To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. “On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is 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. Cits.” Youngblood v. Gwinnett Rockdale Cmty. Serv. Bd. , 273 Ga. 715, 717-718 4 545 SE2d 875 2001.

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