Sharpe v. Gen. Motors Corp., 401 S.E.2d 328 (Ga. Ct. App. 1991). · Go Syfert
Sharpe v. Gen. Motors Corp., 401 S.E.2d 328 (Ga. Ct. App. 1991). Cases Citing This Book View Copy Cite
“federal statute merely relates to damages, not liability, and provides for consumers' recovery of costs and attorney's fees in successful actions for breaches of warranty under state law”
33 citation events (25 in the last 25 years) across 5 distinct courts.
Strongest positive: Mitchell v. BACKUS CADILLAC-PONTIAC, INC. (gactapp, 2005-07-12)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 14 distinct citers.
discussed Cited as authority (quoted) Mitchell v. BACKUS CADILLAC-PONTIAC, INC. (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2005 · quote attribution · 1 verbatim quote · confidence low
federal statute merely relates to damages, not liability, and provides for consumers' recovery of costs and attorney's fees in successful actions for breaches of warranty under state law
cited Cited as authority (rule) Paulk v. Thomasville Ford Lincoln Mercury, Inc.
Ga. Ct. App. · 2012 · confidence medium
Motors Corp., 198 Ga. App. 313, 314-315 (3) ( 401 SE2d 328 ) (1991) (given that a FBPA claim failed, a Magnuson-Moss claim, which concerned “damages, not liability,” also failed). 4.
cited Cited as authority (rule) James Paulk v. Thomasville Ford Lincoln Mercury
Ga. Ct. App. · 2012 · confidence medium
Motors, 198 Ga. App. 313, 314-315 (3) ( 401 SE2d 328 ) (1991) (given that an FBPA claim failed, a Magnuson-Moss claim, which concerned “damages, not liability,” also failed). 4.
cited Cited as authority (rule) Small v. Savannah International Motors, Inc.
Ga. Ct. App. · 2005 · confidence medium
Motors Corp., 198 Ga. App. 313, 314 (3) ( 401 SE2d 328 ) (1991) (Magnuson-Moss Warranty Act does not control liability under state law claims).
cited Cited as authority (rule) Shaver v. Kawasaki Motors Corp., U. S. A.
Ga. Ct. App. · 2005 · confidence medium
Motors Corp., 198 Ga. App. 313, 315 (6) ( 401 SE2d 328 ) (1991).
cited Cited as authority (rule) Scoggins v. Kia Motors America, Inc.
Ga. Ct. App. · 2005 · confidence medium
Motors Corp., 198 Ga. App. 313, 315 (6) ( 401 SE2d 328 ) (1991).
discussed Cited as authority (rule) Crowe v. Carmax Auto Superstores, Inc.
Ga. Ct. App. · 2005 · confidence medium
Motors Corp., 198 Ga. App. 313, 314 (3) ( 401 SE2d 328 ) (1991) (MagnusonMoss Warranty Act “relates to damages, not liability, and provides for consumers’ recovery of costs and attorney’s fees in successful actions for breaches of warranty under state law”).] (Emphasis in original.) Dildine v. Town & Country Truck Sales, 259 Ga. App. 732, 733-734 ( 577 SE2d 882 ) (2003).
cited Cited as authority (rule) In Re New Motor Vehicles Canadian Export Antitrust Litigation
D. Me. · 2004 · confidence medium
Motors Corp., 198 Ga.App. 313 , 401 S.E.2d 328, 329 (1991), I reject the plaintiffs’ argument.
discussed Cited as authority (rule) McDonald v. Mazda Motors of America, Inc.
Ga. Ct. App. · 2004 · confidence medium
Motors Corp., 198 Ga. App. 313, 314 (3) ( 401 SE2d 328 ) (1991) (provides damages for breach of warranty under state law); Ryals v. Billy Poppell, Inc., 192 Ga. App. 787, 788 ( 386 SE2d 513 ) (1989) ( 15 USC § 2311 (b) action for personal injury arises under state law).
discussed Cited as authority (rule) Dildine v. Town & Country Truck Sales, Inc.
Ga. Ct. App. · 2003 · confidence medium
Motors Corp., 198 Ga. App. 313, 314 (3) ( 401 SE2d 328 ) (1991) (Magnuson-Moss Warranty Act “relates to damages, not liability, and provides for consumers’ recovery of costs and attorney’s fees in successful actions for breaches of warranty under state law”). 7 OCGA § 11-2-314 (1). 8 Jones v. Marcus, 217 Ga. App. 372, 373 (1) ( 457 SE2d 271 ) (1995). 9 See id.; see also Griffith, supra at 122 (defect must exist at time of sale or lease for valid breach of implied warranty claim); Jenkins v. Gen.
discussed Cited as authority (rule) Nelson v. C. M. City, Inc.
Ga. Ct. App. · 1996 · confidence medium
In Sharpe v. General Motors Corp., 198 Ga. App. 313, 315 (5) ( 401 SE2d 328 ) and in Fiat Auto USA, supra at (2), we held the warranty exclusions to be not unconscionable; no reason was given for that conclusion in either case, but we implicitly found the clause to be “not unreasonable” in the facts of those cases.
discussed Cited as authority (rule) Lynas v. Williams (2×)
Ga. Ct. App. · 1995 · confidence medium
Sharpe, supra at 313 (1); Paces Ferry Dodge, supra at 643 (1).
discussed Cited "see, e.g." In re General Motors Corporation Dex-Cool Products Liability Litigation (2×)
S.D. Ill. · 2007 · signal: see also · confidence low
See also Sharpe v. General Motors Corp., 198 Ga.App. 313 , 401 S.E.2d 328, 330-31 (1991) (the Magnuson-Moss Act “relates to damages, not liability, and provides for consumers’ recovery of costs and attorney’s fees in successful actions for breaches of warranty under state law.”) (emphasis in original).
discussed Cited "see, e.g." Hines v. MERCEDES-BENZ USA, LLC (2×)
N.D. Ga. · 2005 · signal: see also · confidence low
The parties agree that the MMWA “calls for the application of state written and implied warranty law, not the creation of additional federal law.” See, e.g., Walsh v. Ford Motor Co., 807 F.2d 1000, 1011-12 (D.C.Cir.1986) (“state warranty law lies at the base of all warranty claims under Magnuson-Moss”); see also Sharpe v. General Motors Corp., 198 Ga.App. 313, 314 , 401 S.E.2d 328 (1991) (Magnuson-Moss Warranty Act “relates to damages, not liability, and provides for consumers’ recovery of costs and attorney’s fees in successful actions for *1235 breaches of warranty under state …
Sharpe
v.
General Motors Corporation
A90A1549.
Court of Appeals of Georgia.
Jan 10, 1991.
401 S.E.2d 328
Blount, Garcia & Singh, Udai V. Singh, for appellant., King & Spalding, Charles H. Kirbo, Sandra E. Strippoli, Chilton D. Varner, for appellee.
Carley, Sognier, McMurray.
Cited by 15 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: #48,513 of 633,719
Citer courts: Court of Appeals of Georgia (1)
Carley, Judge.

Appellant-plaintiff purchased a vehicle which had been manufactured by appellee-defendant. After the vehicle developed certain mechanical problems which were not corrected to his satisfaction, appellant filed suit against'appellee, alleging claims for breach of warranty, fraud and violation of the Fair Business Practices Act (FBPA). Appellee answered, denying the material allegations of appellant’s complaint. Thereafter, appellant’s fraud and FBPA claims were resolved in appellee’s favor either on motion for summary judgment or on motion for judgment on the pleadings. Accordingly, the case was tried before a jury only as to appellant’s claim for breach of warranty. The jury returned a verdict in favor of appellant for compensatory damages and the trial court awarded appellant attorney’s fees pursuant to the Magnuson-Moss Warranty Act. He appeals from the judgment entered on the jury’s verdict and on the trial court’s award of attorney’s fees.

1. As to certain of appellant’s FBPA claims, the trial court granted appellee’s motion for summary judgment on the ground that appellant had failed to give appellee the requisite notice mandated by OCGA § 10-1-399 (b). This ruling is enumerated as error.

“It is well settled the question of sufficiency of notice is one for the court ([cits.]). . . . OCGA § 10-1-399 (b) provides that at least thirty days prior to the filing of any action, a written demand for relief be sent, ‘identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered. . . .’” (Emphasis supplied.) Paces Ferry Dodge v. Thomas, 174 Ga. App. 642, 643 (1) (331 SE2d 4) (1985). The record demon[*314] strates that, in the only notice that was ever given appellee, appellant asserted the existence of certain defects in the vehicle, appellee’s failure to have corrected those defects, and a breach of warranty. It follows that the trial court correctly granted appellee’s motion for summary judgment as to such other alleged violations of the FBPA for which no notice was ever given. Compare Paces Ferry Dodge v. Thomas, supra at 643 (1); Colonial Lincoln-Mercury Sales v. Molina, 152 Ga. App. 379, 382 (9) (262 SE2d 820) (1979).

2. The trial court granted appellee’s motion for judgment on the pleadings as to appellant’s FBPA claims for which the requisite notice was given and this ruling is enumerated as error.

Insofar as the existence of defects in the vehicle which appellee failed to repair to appellant’s satisfaction is concerned, there is no “ ‘ “unfair or deceptive act or practice which had or has potential harmful effect on the general consuming public. . . .” ’ [Cit.] If we grant that every other element necessary to maintain an action under the FBPA [could be] proved, nevertheless, the situation [with regard to] this [claim] involved [two defects] in one vehicle, which defectfs] [were] apparently not visited on the consuming public. . . . All we have ... is a defective car, a car less than perfect, but no unfair or deceptive act imposed upon the consumer marketplace.” (Emphasis omitted.) DeLoach v. Gen. Motors, 187 Ga. App. 159, 160 (5) (369 SE2d 484) (1988). “ ‘The FBPA is no panacea for the congenital ills of the marketplace (and) does not instantly convert every alleged breach of contract into a violation of the (act.)’ . . . [Cit.] . . . [Appellant] contended only that [his vehicle] was not [repaired] in accordance with the [warranty] contract. ... [As to] this [claim, the allegations are of] only an ‘isolated’ breach of contract in that appellee’s future performance was not as originally provided in the contract. [Cit.] This is a plain breach of contract case, and the trial court was correct in granting [judgment on the pleadings] on [this] FBPA claim.” (Emphasis in original.) Gross v. Ideal Pool Corp., 181 Ga. App. 483, 485 (1) (352 SE2d 806) (1987). See also Burdakin v. Hub Motor Co., 183 Ga. App. 90 (357 SE2d 839) (1987).

3. Contrary to appellant’s contentions, the Magnuson-Moss Warranty Act does not give rise to an independent claim against appellee under the FBPA. Insofar as it is relevant here, that federal statute merely relates to damages, not liability, and provides for consumers’ recovery of costs and attorney’s fees in successful actions for breaches of warranty under state law. See Freeman v. Hubco Leasing, 253 Ga. 698, 703 (2) (324 SE2d 462) (1985). “The Magnuson-Moss Warranty Act authorizes recovery by a consumer (who prevails in an action for damages for failure of a supplier, warrantor or service contractor to comply with any obligation under a written or implied warranty or service contract) of actual costs and expenses, including attorney fees.[*315] 15 USCA § 2310 (d) (2).” (Emphasis supplied.) Freeman v. Hubco Leasing, supra at 705 (4). Therefore, the trial court corrrectly granted judgment on the pleadings as to appellant’s purported FBPA claim against appellee based upon the provisions of the Magnuson-Moss Warranty Act.

Decided January 10, 1991. Blount, Garcia & Singh, Udai V. Singh, for appellant. King & Spalding, Charles H. Kirbo, Sandra E. Strippoli, Chilton D. Varner, for appellee.

4. Appellant also urges that, in violation of the FBPA, appellee failed to disclose the existence of and made deceptive misrepresentations about the availability of a mediation/arbitration program. However, appellant’s complaint did not allege this as an FBPA violation, but did so only in connection with his fraud claims. The trial court’s grant of summary judgment on appellant’s fraud claim has not been enumerated as error in this appeal. Accordingly, this contention presents nothing for review.

5. In connection with appellant’s breach of warranty claim, the trial court also granted partial summary judgment in favor of appellee as to the non-recoverability of damages for loss of use of the vehicle. The terms of appellee’s warranty expressly excluded a recovery of consequential damages (other than for injury to the person) as a remedy for its breach and this exclusion is not unconscionable. Thus, the trial court’s grant of partial summary judgment was correct. Fiat Auto U. S. A. v. Hollums, 185 Ga. App. 113, 114 (2) (363 SE2d 312) (1987).

6. Appellant further enumerates as error the trial court’s award of attorney’s fees under the Magnuson-Moss Warranty Act. Appellant’s contention is that the trial court erroneously failed to award attorney’s fees based upon actual time expended.

The Magnuson-Moss Warranty Act “ ‘permits the court to exercise its judgment (1) to award no [attorney’s] fees, or (2) to award [attorney’s] fees based on time only, or (3) to award [attorney’s] fees pursuant to its discretion.’ . . . [Cit.] . . . ‘ “[0]nly in the case of clear abuse of discretion by the trier may we interfere.” [Cits.]’ [Cits.] ... We find . . . that the trial court did not abuse its discretion in awarding attorney[’s] fees in favor of [appellant] for the amount set forth. [Cits.]” (Emphasis supplied.) Fleetwood Motor Homes of Pa. v. McGehee, 182 Ga. App. 151, 152-153 (1) (355 SE2d 73) (1987).

Judgment affirmed.

Sognier, C. J., and McMurray, P. J., concur.