Easley v. Day Motors, Inc.

796 So. 2d 236, 44 U.C.C. Rep. Serv. 2d (West) 407, 2001 Miss. App. LEXIS 120, 2001 WL 291149
CourtCourt of Appeals of Mississippi
DecidedMarch 27, 2001
Docket1999-CA-01636-COA
StatusPublished
Cited by3 cases

This text of 796 So. 2d 236 (Easley v. Day Motors, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Easley v. Day Motors, Inc., 796 So. 2d 236, 44 U.C.C. Rep. Serv. 2d (West) 407, 2001 Miss. App. LEXIS 120, 2001 WL 291149 (Mich. Ct. App. 2001).

Opinion

796 So.2d 236 (2001)

Alan W. EASLEY, Appellant
v.
DAY MOTORS, INC., Appellee.

No. 1999-CA-01636-COA.

Court of Appeals of Mississippi.

March 27, 2001.
Rehearing Denied June 12, 2001.
Certiorari Denied September 27, 2001.

*237 Kenneth R. Watkins, Gulfport, for Appellant.

Norman B. Gillis, Jr., McComb, for Appellee.

*238 Before KING, P.J., BRIDGES, and THOMAS, JJ.

BRIDGES, J., for the Court:

¶ 1. This case is an appeal from the Circuit Court of Pike County, Honorable Mike Smith presiding. Easley sued Day Motors and Caterpillar, Inc. in the circuit court on several grounds, including breach of contract, breach of an express warranty, breach of an implied warranty, and the Magnuson-Moss Warranty Act. Caterpillar moved for summary judgment which the trial court granted. Day Motors moved for summary judgment, and after a review of the evidence, the judge granted this motion. Easley now appeals the trial court's grant of summary judgment to Day Motors and does so on the basis of several issues:

1. WHETHER THE TRIAL COURT ERRED IN DISMISSING THE APPELLANT'S COMPLAINT CONCERNING THE BREACH OF CONTRACT?

2. WHETHER THE TRIAL COURT ERRED IN DISMISSING THE APPELLANT'S COMPLAINT CONCERNING BREACH OF AN EXPRESS WARRANTY?

3. WHETHER THE TRIAL COURT ERRED IN DISMISSING THE APPELLANT'S COMPLAINT CONCERNING BREACH OF AN IMPLIED WARRANTY OF MERCHANTABILITY?

4. WHETHER THE TRIAL COURT ERRED IN DISMISSING THE APPELLANT'S COMPLAINT CONCERNING BREACH OF IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE?

5. WHETHER THE TRIAL COURT ERRED IN DISMISSING THE APPELLANT'S COMPLAINT CONCERNING THE APPLICABILITY OF THE MAGNUSON MOSS WARRANTY ACT?

Finding no error, we affirm.

STATEMENT OF FACTS

¶ 2. In 1984, Alan Easley bought a 1980 Kenworth truck from his brother. The engine in the truck had run for about 800,000 miles and needed an in-frame overhaul. An "in-frame overhaul" is not a complete overhaul of the engine, rather, the engine remains within the truck, and certain repairs are made to cure particular problems. Easley and his brother performed the overhaul themselves and installed a number of new parts they purchased from a Caterpillar dealer. These parts carried a one year/100,000 mile factory warranty. They installed rod bearings, main bearings, an oil pump, pistons, a liner kit, and a new head. They did not replace or repair some of the original engine parts such as the camshaft, crankshaft, front housing, rocker arm assembly, in-take manifold, exhaust manifold, valve covers, water pump, or camshaft followers (also known as roller lifters or roller rockers).

¶ 3. After these repairs were made, Easley drove the truck for another 400,000 miles, until he began to experience problems with the truck consuming large amounts of oil. In May of 1990, Easley took his truck to Day Motors to have the oil problem fixed. Day Motors gave the truck an in-frame overhaul during which they installed new heads into the engine, replaced the cylinder repacks head, replaced the after cooler core rod, replaced the main bearings, and re-cut the block due to its age. These new parts all had the Caterpillar 1 year/100,000 mile warranty on them. This was all Day replaced on the truck. Day offered Easley an extended warranty, but he did not take it.

¶ 4. At the time of the work Day performed on the truck, the truck had been run for 1,200,000 miles. It is important to *239 note Caterpillar put out a P.I.P. (Parts Improvement Program) factory bulletin on the engine in Easley's truck to warn that the roller lifters in this engine series were subject to mechanical failure. To be more specific, the roller lifters were prone to dislodge from their mounting and come loose.

¶ 5. Day Motors returned the truck to Easley, and Easley then began using it, putting an additional 37,000 miles on the truck. A mechanical problem occurred which caused the camshaft to push one of the roller lifters through the block of the engine, ruining it. Easley claims this problem was caused by the negligence of Day Motors in re-cutting the engine. Easley claims metal shavings from the re-cut fell onto the roller lifter causing it to break lose and fall on the camshaft. This caused the rotation of the camshaft to push the lifter rod through the engine block. Day Motors claims the problem was caused because of the mechanical failure Caterpillar warned of in its P.I.P. In Day's opinion, one of the roller lifters dislodged, came loose on its own, fell onto the camshaft, and was then pushed through the block. An expert witness testified that the metal in the engine was all the same, there was no way to tell from where the shavings came, and it would be impossible to say what really caused the mechanical failure.

¶ 6. Easley sued both Caterpillar and Day Motors. Caterpillar was granted summary judgment. Prior to trial, Day Motors moved for summary judgment. After review of all of the evidence, the trial court found Day Motors's motion sound and granted summary judgment. Easley comes here appealing the grant of summary judgment to Day.

DISCUSSION OF THE LAW

STANDARD OF PROOF

¶ 7. Rule 56(c) of the Mississippi Rules of Civil Procedure allows summary judgment where there are no genuine issues of material fact such that the moving party is entitled to judgment as a matter of law. Crain v. Cleveland Lodge 1532, 641 So.2d 1186, 1188 (Miss.1994). Fact issues are material if they tend to resolve any of the issues properly raised by the parties. Grisham v. John Q. Long V.F.W. Post, No. 4057, Inc., 519 So.2d 413, 415 (Miss.1988). When reviewing a decision to grant summary judgment, this Court will review the case de novo. Crain, 641 So.2d at 1188. All evidentiary matters are viewed in a light most favorable to the non-movant. Morgan v. City of Ruleville, 627 So.2d 275, 277 (Miss.1993). The movant has the burden of proving that there is no genuine issue of material fact and he is entitled to judgment as a matter of law. Daniels v. GNB, Inc., 629 So.2d 595, 599 (Miss.1993).

¶ 8. The non-movant cannot just sit back and remain silent, but he must produce significant probative evidence proving there really are issues for trial. Newell v. Hinton, 556 So.2d 1037, 1041 (Miss.1990).

Where a party opposes summary judgment on a claim or defense as to which that party will bear the burden of proof at trial, and when the moving party can show a complete failure of proof on an essential element of the claim or defense, then all other issues become immaterial, and the moving party is entitled to judgment as a matter of law.

Grisham, 519 So.2d at 415.

ANALYSIS

1. WHETHER THE TRIAL COURT ERRED IN DISMISSING THE APPELLANT'S COMPLAINT CONCERNING THE BREACH OF CONTRACT?

¶ 9. Easley claims the invoices he received as receipts are evidence a contract *240 existed between Easley and Day, and under the contract Day would install the new engine parts properly. Easley also claimed an oral contract existed between the parties which stated Day would install the parts correctly. Easley asserts the malfunction within the engine is proof Day did not install the parts correctly, and thus Day breached the contract by failing to install the parts correctly.

¶ 10. According to the testimony of Easley's expert witness, it is impossible to prove what exactly caused the malfunction of the engine.

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Bluebook (online)
796 So. 2d 236, 44 U.C.C. Rep. Serv. 2d (West) 407, 2001 Miss. App. LEXIS 120, 2001 WL 291149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/easley-v-day-motors-inc-missctapp-2001.