Holman v. Howard Wilson Chrysler Jeep, Inc.
| Docket Number: | 2005-CA-01154-COA Linked Case(s): 2005-CA-01154-COA2005-CT-01154-SCT2005-CT-01154-SCT2005-CT-01154-SCT |
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| Oral Argument: | 09-13-2006 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-14-2006 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contract - Mississippi Motor Vehicle Commission Regulation One - Lease agreement Judge(s) Concurring: MYERS, P.J., SOUTHWICK, CHANDLER, GRIFFIS, AND BARNES, JJ. Non Participating Judge(s): LEE, P.J. Concurs in Result Only: KING, C.J., IRVING, AND ROBERTS, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 06-01-2005 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: SUMMARY JUDGMENT FOR APPELLEE Case Number: 2003-272 |
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| Note: | This opinion was reversed and remanded by the Mississippi Supreme Court on 1/10/2008. The SCT opinion may be viewed at: http://www.mssc.state.ms.us/Images/Opinions/CO44072.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | COYE A. HOLMAN AND TED HOLMAN |
MARK W. PREWITT |
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| Appellee: | HOWARD WILSON CHRYSLER JEEP, INC. | JEFFREY P. HUBBARD SUSAN LOUISE DURHAM |
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| Topic: | Contract - Mississippi Motor Vehicle Commission Regulation One - Lease agreement |
| Summary of the Facts: | Coye and Ted Holman filed suit against Howard Wilson Chrysler Jeep, Inc., seeking actual and punitive damages allegedly suffered as a result of prior damage to a 2002 Jeep Grand Cherokee that was purchased from Howard Wilson. The court granted a motion filed by the Holmans to amend their complaint. After the complaint was amended the court granted Howard Wilson’s motion for summary judgment and dismissed the case with prejudice. The Holmans appeal. |
| Summary of Opinion Analysis: | Section 63-17-69 gives the Mississippi Motor Vehicle Commission the power to issue such rules and regulations that are necessary to carry out the provisions of the Mississippi Motor Vehicle Commission Law. Regulation One of the Commission’s regulations provides that “[o]n any vehicle, corrected damage exceeding six percent (6%) of the manufacturer’s suggested retail price, as measured by retail repair costs, must be disclosed in writing prior to dealer transfers and consumer deliveries. Damage to glass, tires, and bumpers and any damaged components or options which can be replaced by identical components are excluded from the six percent (6%) regulation when replaced by identical manufacturer’s original equipment.” The Holmans argue that Regulation One is not applicable and that Howard Wilson had a duty to make disclosures of any damage. The language of the lease agreement between Howard Wilson and the Holmans governs. The Holmans were thus made aware of possible damages by the disclosure made by Howard Wilson in the lease agreement. This vehicle was purchased in July of 2002, yet the Holmans did not file suit until November 2003, after driving an additional 20,000 miles after the purchase. Howard Wilson replaced the following component parts prior to the sale: front-cover radiator support, cross-members, deflector, radiator-engine cooling, condenser, bracket, coolant and freon; bumper - facsia. The Holmans have stated that the seats, key adjustment, and transmission are flawed. Nevertheless, the Holmans failed to provide evidence of causation. |
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