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Catrett v. Landmark Dodge Inc.

A jury question remained as to whether the plaintiff justifiably relied on a dealership's false representation that the truck he purchased was a new demonstrator vehicle when in fact the truck was used and had been involved in two significant collisions.

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On June 19, 1999, Craig Catrett purchased a 1999 Dodge Dakota truck from Landmark Dodge, Inc. “Landmark”. Approximately fourteen months later, Catrett sued Landmark for fraud, recission, and violation of the Fair Business Practices Act and the Uniform Deceptive Trade Practices Act, alleging that the dealership fraudulently induced him to purchase the truck by misrepresenting its condition. Landmark moved for summary judgment, which the trial court granted. Catrett appeals, and for reasons that follow, we affirm in part and reverse in part.

Summary judgment is appropriate when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.1 On appeal from a grant of summary judgment, a de novo standard of review applies, ” ‘and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.’ “ 2 Viewed in this light, the evidence shows that Catrett purchased the truck with approximately 4,700 miles on it. According to Catrett’s verified complaint,3 a Landmark salesman represented that the truck, which had a new car price information sticker inside it, was a ” ‘demonstrator’ ” that had been on Landmark’s lot “ for some time.” As defined by Landmark’s general manager, “a ‘demonstrator’ is a new car which has been driven by dealership personnel but not yet titled.”

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