Turner v. Landmark Chevrolet, Inc.
| Decision Date | 02 October 1987 |
| Citation | 514 So.2d 1337 |
| Parties | Brenda TURNER v. LANDMARK CHEVROLET, INC., formerly d/b/a Larry Savage Chevrolet, Inc. 85-1211. |
| Court | Alabama Supreme Court |
Earl D. McNeal, Huntsville, for appellant.
Joseph W. Letzer and J. Hunter Phillips III of Burr & Foreman, Birmingham, for appellee.
This is a fraud case arising from the sale of a used 1978 Chevrolet Corvette. Brenda Turner, plaintiff, brings this appeal from a summary judgment for defendant, Larry Savage Chevrolet, Inc. The only issue is whether Turner reasonably relied on the statement by Larry Savage Chevrolet that the car had not been wrecked.
On June 5, 1984, Brenda Turner met with Mike McKee, a salesman for Larry Savage Chevrolet, about purchasing a used Corvette. McKee informed her of a black 1978 model that was being repaired at the time and would be available for sale soon. Several days later Turner returned to Larry Savage Chevrolet to inspect the car. She talked to Randy Griffith, another salesman, about the condition of the car. He told her that the car had not been wrecked. Because she was interested in the car, Turner drove it to Corvettes Unlimited, a local shop specializing in Corvette repair. She had regularly dealt with Corvettes Unlimited in the past, and brought the car in for inspection and approval. Terry Labbe, a mechanic at Corvettes Unlimited and one of its owners, told Turner that the car had been wrecked but that the extent of damage could not be ascertained because of a new paint job. He advised her either not to buy this particular car or, if she did, to first ascertain the extent of damage. She returned the car to Larry Savage Chevrolet and negotiated a purchase price for the car. Although skeptical about the car's condition, Turner bought the car without inquiring further about the extent or cause of damage. About five months after the sale, the car was involved in an accident, and that accident revealed the existence of substantial body damage that had been repaired prior to the sale.
"Because it is the policy of courts not only to discourage fraud but also to discourage negligence and inattention to one's own interests, the right of reliance comes with a concomitant duty on the part of plaintiffs to exercise some measure of precaution to safeguard their interests." Torres v. State Farm Fire & Casualty Co., 438 So.2d 757, 758 (Ala.1983). In order for Turner to recover for fraud, she must show that she reasonably relied on the salesman's...
To continue reading
Request your trial
-
Foremost Ins. Co. v. Parham
...497 So.2d 106 (Ala.1986); Hughes v. Cloud, 504 So.2d 734 (Ala.1987); Webb v. Reese, 505 So.2d 321 (Ala.1987); Turner v. Landmark Chevrolet, Inc., 514 So.2d 1337 (Ala.1987); Hinson v. Center Court Productions, 514 So.2d 1374 (Ala.1987); Southern Life & Health Ins. Co. v. Smith, 518 So.2d 77 ......
-
Southern States Ford, Inc. v. Proctor
...497 So.2d 106 (Ala.1986); Hughes v. Cloud, 504 So.2d 734 (Ala.1987); Webb v. Reese, 505 So.2d 321 (Ala.1987); Turner v. Landmark Chevrolet, Inc., 514 So.2d 1337 (Ala.1987); Hinson v. Center Court Productions, 514 So.2d 1374 (Ala.1987); Southern Life & Health Ins. Co. v. Smith, 518 So.2d 77 ......
-
McIver v. Bondy's Ford, Inc.
...at 758-59. In support of his lack-of-reliance argument, McIver points to the Alabama Supreme Court's decision in Turner v. Landmark Chevrolet, Inc., 514 So.2d 1337 (Ala. 1987). In Turner, the court held that the buyer of a car could not reasonably rely on the representations of the seller's......
-
Curtis v. Bill Byrd Automotive, Inc.
...damages for fraud. Webb v. Reese, 505 So.2d 321 (Ala.1987). See, also, Traylor v. Bell, 518 So.2d 719 (Ala.1987); Turner v. Landmark Chevrolet, Inc., 514 So.2d 1337 (Ala.1987); and Hinson "In Syx v. Midfield Volkswagen, Inc., 518 So.2d 94 (Ala.1987), a representative of Midfield Volkswagen ......