Zachary Hopkins v. Serra Nissan Oldsmobile, Inc, et al.

Birmingham, Alabama, consumer law lawyer represented the Plaintiff who sued the Defendants, claiming that they fraudulently sold him a car that had more miles on it than the odometer.

Defendants Serra Nissan Oldsmobile, Inc., and Serra Automotive
Management Group, Inc. (collectively, “Serra”) sold a car with an Alabama title to
Plaintiff Zachary Hopkins. Mr. Hopkins later learned that the car also had an Indiana
title that carried a “Not Actual Mileage” brand. He sues Serra, asserting:
(1) violation of the Motor Vehicle Information and Cost Savings Act (“Odometer
Act”), 49 U.S.C. § 32705(a) (“Count One”); (2) wantonness, negligence, or
recklessness (“Count Two”); (3) fraud, misrepresentation, or fraudulent suppression
(“Count Three”); (4) breach of fiduciary duty (“Count Four”); (5) negligent or
wanton hiring, training, supervision, and retention (“Count Five”); (6) breach of
express warranties (“Count Six”); (7) breach of warranty of title (“Count Seven”);
(8) fraudulent concealment (“Count Eight”); and (9) breach of contract (“Count
Nine”). (Doc. 1 at 11–33).

Serra moves for summary judgment on all counts except Counts Two and
Seven. (Doc. 112 at 2). The court WILL GRANT IN PART and DENY IN PART
the motion. The court WILL DENY the motion for summary judgment as to Counts
One, Three, Four, Six, and Eight, but WILL GRANT the motion as to Count Five
because Mr. Hopkins has not presented evidence from which a jury could find that
Serra knew of any incompetency of its employees. The court FINDS AS MOOT
the motion for summary judgment as to damages for reputational harm because
Mr. Hopkins does not request that type of damages. The court WILL DENY the
motion for summary judgment on the other types of damages Mr. Hopkins requests.

Granted in part and denied in part.