BUSA 2106 Lecture Notes - Lecture 11: Saleen, Official Code Of Georgia Annotated, Summary Judgment
28 Sep 2016
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What: the state court of cobb county granted the motion for summary judgment filed by gapvt. Motors, inc. in david johnson"s action for fraud and violations of georgia"s fair business. Practices act in connection with his purchase of a car from gapvt. Johnson appeals, and, for the reasons that followed, the court reversed. If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiff"s claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. In late march 2005, at a sales meeting, the used car sales manager, randy rodriguez, told the sales staff, including henderson, that the car was a mustang gt, not a saleen, and that prospective buyers should be advised accordingly.
