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Neal Pope Inc. v. Garlington

Trial court properly compelled defendant to disclose its financial information as part of the civil discovery process because defendant's per se violation of the Fair Business Practices Act provided a factual basis for plaintiff's punitive damages claim.

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Patrick Christopher Garlington filed suit against Neal Pope, Inc., after a car he bought from that company did not work properly. Following a hearing, the superior court granted partial summary judgment to Garlington based on Neal Pope’s failure to comply with the Fair Business Practices Act, OCGA § 10-1-390, et seq. and with OCGA § 40-1-5 a. The court denied Neal Pope’s motion for summary judgment and partially granted Garlington’s motion to compel discovery. Neal Pope appeals, arguing in three enumerations that the court erred. For the following reasons, we affirm the superior court’s decision.

The record establishes the following undisputed facts. On April 3, 1997, Garlington bought a 1997 Dodge Avenger from Neal Pope Dodge. The car was a demonstrator model which had been driven 3,000 miles before Garlington bought it. The manufacturer’s suggested retail price “MSRP” for the car was $21,753. Before buying it, Garlington was aware that the car was a demonstrator model and that the price had been reduced accordingly. Garlington signed a written contract confirming the terms and conditions of the purchase. He obtained financing on the car through Chrysler Financial.

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