Sandy Springs Toyota v. Classic Cadillac Atlanta Corp.

The applicable statutes of limitation were not tolled because fraud was not alleged and the plaintiff could have discovered the defendant's error by reasonable diligence within the limitation periods.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Sandy Springs Toyota SST brought suit against Classic Cadillac Atlanta Corp. Classic after losing a used car sale because the car, which was originally purchased at Classic, had a defective title. The trial court granted Classic’s motion for judgment on the pleadings based upon the affirmative defense of expiration of the applicable statutes of limitation, and SST appeals. Because we agree with the trial court that SST’s causes of action were barred by statutes of limitation, we affirm. The record shows that the dispute between the parties concerns a 1996 Cadillac Seville that Classic sold to Vera Toulmin in July 1996. When Classic routinely submitted the application to the Georgia Department of Revenue on Toulmin’s behalf, it used the wrong vehicle identification number. Three years later, in August 1999, Toulmin sold the car to SST in connection with her purchase of a new car. When SST attempted to resell the car to another customer, it discovered that the title was invalid because of the inaccurate VIN. After negotiations with Classic regarding perfecting the title were unsuccessful, SST filed this action in October 2000.

In its complaint, SST alleged claims for breach of contract, breach of warranty, negligence, negligence per se, negligent misrepresentation, and violation of the Georgia Fair Business Practices Act. SST also sought attorney fees and expenses of litigation under OCGA § 13-6-11. The trial court found that SST’s causes of action accrued in July 1996, when Classic sold the car to Toulmin, and not in 1999, when Toulmin traded it in to SST, or later, when SST attempted to resell the car. Because the causes of action were not viable, the trial court also denied recovery under OCGA § 13-6-11.

Sandy Springs Toyota v. Classic Cadillac Atlanta Corp.

The applicable statutes of limitation were not tolled because fraud was not alleged and the plaintiff could have discovered the defendant's error by reasonable diligence within the limitation periods.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report