Tucker v. General Motors Corp.

• Decision Date: 17 April 1998
• Citation: 769 So.2d 895
• Parties: Aaron TUCKER v. GENERAL MOTORS CORPORATION and Jim Bishop Chevrolet-GEO-Buick-Olds, Inc.
• Court: Alabama Court of Civil Appeals

769 So.2d 895

Aaron TUCKER v. GENERAL MOTORS CORPORATION and Jim Bishop Chevrolet-GEO-Buick-Olds, Inc.

2960768.

Court of Civil Appeals of Alabama.

April 17, 1998.

Ralph M. Young of Gonce, Young & Sibley, Florence, for appellant.

Robert R. Baugh and Michael E. Gabel of Sirote & Permutt, P.C., Birmingham, for appellee General Motors Corporation.

Lindsey Mussleman Davis of Holt, McKenzie, Holt & Mussleman, Florence, for appellee Jim Bishop Chevrolet-GEO-Buick-Olds, Inc.

On Applications for Rehearing

CRAWLEY, Judge.

The opinion of December 12, 1997, is withdrawn and the following opinion is substituted therefor.

In February 1992, Aaron Tucker purchased a new 1992 Chevrolet Camaro automobile from Jim Bishop Chevrolet-GEO-Buick-Olds, Inc. (the "dealership"). After repeatedly having problems with the car, Tucker sued the dealership and the manufacturer, General Motors Corporation ("GM"), alleging that they had breached their implied and express warranties. Tucker specifically claimed that the dealership and GM had breached those warranties by selling him a car that was not merchantable and that was not suited for its particular purpose, and by failing to repair the car pursuant to the five-year extended warranty. He requested damages for personal injury, medical expenses, emotional and mental distress, property damage, loss of value, and loss of use of the car.

The dealership and GM filed a joint motion for summary judgment. In their motion, they argued that a summary judgment in their favor would be proper because, they claimed, (1) Tucker had allowed the car to be repossessed, thus allowing spoliation of the evidence to occur; (2) Tucker did not have expert testimony in support of his warranty claim; (3) Tucker could not recover for vandalism to his car because it was the result of criminal actions of third parties; (4) Tucker did not have expert testimony to support his claim that his sexual dysfunction resulted from the emotional distress of the situation; and (5) Tucker had no right to punitive damages. The only evidence they submitted in support of their motion was Tucker's deposition. Tucker responded to the motion for summary judgment by disputing all of the arguments presented except for the punitive-damages argument; he pointed out that he had not requested punitive damages in his complaint. The trial court entered a summary judgment in favor of the dealership and GM on all "claims." Tucker appealed to the Alabama Supreme Court; that court transferred the case to this court pursuant to Ala.Code 1975, § 12-2-7(6).

Tucker's Arguments on Appeal

Tucker's only arguments on appeal are that he does not need expert testimony to support his breach of warranty claims and that the spoliation doctrine does not apply to this case. He makes no arguments concerning whether he has a claim for property damage to his car caused by the vandalism or a claim based on sexual dysfunction; therefore, insofar as it related to those claims, the summary judgment is affirmed. See Dodd v. Nelda Stephenson Chevrolet, Inc., 626 So.2d 1288, 1294 (Ala. 1993)

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Standard of Review

Our standard of review in cases involving summary judgments is de novo; we apply the same standard as applied in the trial court. A motion for summary judgment is to be granted when no genuine issue of material fact exists and the moving party is entitled to a judgment as a matter of law. Rule 56(c)(3), Ala. R. Civ. P. A party moving for a summary judgment "must make a prima facie showing that ... no genuine issues of material fact [exist] and that [it] is entitled to [a] judgment as a matter of law." Lee v. City of Gadsden, 592 So.2d 1036, 1038 (Ala.1992). Once the movant has met this burden, "the burden then shifts to the nonmovant to rebut the movant's prima facie showing by `substantial evidence.'" Id. "Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989). See West, 547 So.2d at 871, and Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794 (Ala.1989), for further discussion of the application of the summary judgment standard.

Evidence in Support of the Motion for Summary Judgment

In Tucker's deposition, which is the only evidence submitted in support of the dealership and GM's joint motion for summary judgment, Tucker testified that he began experiencing problems with the car almost immediately after the purchase. According to Tucker, at least three times per week the car stalled while being driven and stalled sometimes as often as two or three times a day. He testified that he repeatedly returned the car to the dealership's repair shop for repair; however, Tucker testified that, despite its being in the shop a total of over 60 days, the car was never repaired.

He also testified that the car's stalling problem resulted in one accident and several dangerous near-accidents. According to Tucker, the accident occurred when the car stalled as he was approaching a sharp curve. He testified that the engine stalled, causing him to lose all control of the car's power brakes and power steering. Tucker stated that he was injured when the car hit a telephone pole. He said that, on another occasion, the car stalled while he was crossing an intersection. Tucker testified that the car stalled while it was in the middle of two lanes of approaching traffic, but that he managed to restart the engine in time to move the car and avoid the oncoming traffic.

Tucker also testified that the car's stalling problem caused him to be stranded one evening. Tucker stated that he attempted to pass another car while he was driving home on July 2, 1993. Tucker said that the car would not accelerate enough to pass. He testified that he pulled over to the side of the road and checked under the hood to see if he could find the problem, but that he found nothing. He said that he then started toward home again. According to Tucker, the car would not exceed five miles per hour, even with the accelerator pressed to the floor. He testified that the car then began to overheat and that smoke poured out from under the hood. He said that he pulled over again. He stated that he attempted to restart the car, but it would not restart. Tucker testified that he was able to reach a friend, who drove him home, and that he also telephoned the wrecker service specified by the dealership, Smitty's wrecker service. He testified that an employee of the wrecker service told him that no one could come that night. According to Tucker, the car remained on the side of the road over the July 4th weekend and, during that weekend, was vandalized. Tucker also testified that the wrecker service finally towed the car to its lot.

According to Tucker, he contacted the dealership and requested that the car be repaired. He testified that the dealership refused to have the car towed back to the dealership for repair. Tucker testified that the car, unrepaired, continued to sit in the wrecker service's lot. He then testified that he stopped making payments, on the advice of his previous attorney, and that the car was ultimately repossessed.

Arguments Presented by the Dealership and GM

The dealership and GM argue that they are entitled to a summary judgment because the spoliation of the evidence doctrine applies to this case and because Tucker needs expert testimony to prove his claims of breach of warranty. To support their summary judgment motion, they submitted only Tucker's deposition.

Does Tucker Need Expert Testimony to Prove Breach of Warranty?

Contrary to the dealership and GM's contention and the trial court's holding, Tucker does not need expert testimony to prove that the warranties were breached. The dealership and GM rely on cases in which the plaintiff's claims were based upon the Alabama Extended Manufacturer's Liability Doctrine (AEMLD). The two theories are different, see Shell v. Union Oil Co., 489 So.2d 569, 571 (Ala. 1986),

and do not require the same proof.

Tucker argues that the dealership and GM have breached their express warranty, the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose. "In order to establish a breach of an express warranty... [Tucker] must show that `the warranty failed of its essential purpose'; that either the [dealership and GM] refused to repair or replace the malfunctioning component, or failed to do so `within a reasonable time.'" Lipham v. General Motors Corp., 665 So.2d 190, 192 (Ala.1995) (quoting Ag-Chem Equipment Co. v. Limestone Farmers Co-op., Inc., 567 So.2d 250 (Ala.1990)). The implied warranty of merchantability is found in Ala.Code 1975, § 7-2-314(1): "[A] warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind." To be considered "merchantable," goods must be "fit for the ordinary purposes for which such goods are used." § 7-2-314(2)(c). The warranty of fitness for a particular purpose "is implied if: (1) the seller has reason to know the buyer's particular purpose; (2) the seller has reason to know that the buyer is relying on the seller's skill or judgment to furnish the appropriate goods; and (3) the buyer, in fact, relied upon the seller's skill or judgment." Barrington Corp., 447 So.2d at 787; see also Ala.Code 1975, § 7-2-315.

To establish breaches of these warranties, Tucker does not need expert testimony. He does not have to prove, as the dealership and GM contend, exactly what caused the car to continually stall. Contrary to their arguments, the jury will not need any assistance in determining whether the warranties were breached; the jurors will not need to know about the complex workings of the GM engine to decide this case. Tucker need only prove that the car did stall, that, when...