Watson Quality Ford, Inc. v. Casanova

999 So. 2d 830, 2008 WL 5089664
CourtMississippi Supreme Court
DecidedDecember 4, 2008
Docket2007-IA-01171-SCT, 2007-IA-01172-SCT
StatusPublished
Cited by26 cases

This text of 999 So. 2d 830 (Watson Quality Ford, Inc. v. Casanova) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watson Quality Ford, Inc. v. Casanova, 999 So. 2d 830, 2008 WL 5089664 (Mich. 2008).

Opinion

999 So.2d 830 (2008)

WATSON QUALITY FORD, INC.
v.
Carlos CASANOVA and Shirley Casanova.
Ford Motor Company
v.
Carlos Casanova and Shirley Casanova.

Nos. 2007-IA-01171-SCT, 2007-IA-01172-SCT.

Supreme Court of Mississippi.

December 4, 2008.
Rehearing Denied February 12, 2009.

*832 Barry Douglas Hassell, Michael Wayne Baxter, Ridgeland, attorneys for appellant Watson Quality Ford, Inc.

Walker W. Jones, III, Barry W. Ford, Bradley W. Smith, Everett E. White, Jackson, attorneys for appellant Ford Motor Company.

Carroll Rhodes, Hazlehurst, attorney for appellee.

Before SMITH, C.J., DICKINSON and LAMAR, JJ.

DICKINSON, Justice, for the Court.

¶ 1. In this auto-accident case, the plaintiff alleges breach of both the implied warranty of merchantability and the implied warranty of fitness for a particular purpose of a Ford van. The question presented is whether the plaintiff has demonstrated a triable issue of material fact, as to whether the alleged breaches of warranty were a proximate cause of the accident. Because we find no such triable issue in the record, we reverse the trial court's denial of summary judgment.

BACKGROUND FACTS AND PROCEEDINGS

¶ 2. On January 7, 2000, Carlos Casanova's employer, Resilient Flooring, purchased a new Ford Econoline E-250 van from Watson Quality Ford for use in its flooring business. Casanova alleges that, when he drove the van off the lot, the van pulled to the right. Casanova was involved in two separate wrecks while driving the van on January 20, 2000. After the wrecks occurred—and without having any repairs performed on the van—Casanova continued to drive the van to job sites both in and out of Mississippi. By May 2000, Casanova put between 11,000 and 12,000 miles on the van.

¶ 3. Casanova testified that he took the van back to Watson Quality several times between January and April with complaints of continuous pulling. Casanova also testified that when he took the van to Watson Quality on May 9, he was told not to drive the van, and to leave it for diagnosis. But he stated he did not do so because, his boss, Jack DeMoney, told him to return to work.

¶ 4. On May 11, Casanova traveled to Vicksburg for a job. While driving the van down a hill at about ten miles per hour, he collided with a car coming up the hill at about twenty-to-thirty miles per hour. Casanova stated that as he tried to turn the steering wheel to the left, it was *833 hard to turn, and he heard a loud pop, after which he could no longer steer the van. The left front of the van hit the left front of the car, bounced off, and hit again. The van was taken back to Watson Quality for a damage assessment. Ridgeland Body Shop repaired the body of the van and replaced some damaged steering components, which were either destroyed or recycled before either party could view them.

¶ 5. Casanova and his wife Shirley filed suit against Ford and Watson Quality on May 6, 2003, alleging that the accident was caused by one or more "malfunctioning" steering components in the van, and that Watson Quality had negligently failed to repair the malfunctioning components. The original complaint alleged six counts against the defendants: negligence, gross negligence, strict liability (manufacture and design), strict liability (failure to warn), breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose. On September 15, 2006, the parties entered a Stipulation of Dismissal, dismissing the gross-negligence and strict-liability claims against both parties. The plaintiffs also dismissed their negligence claim against Ford, but maintained their negligence claim as to Watson Quality.

¶ 6. Ford and Watson filed motions for summary judgment, which the trial judge denied without opinion. We granted interlocutory appeal.

STANDARD OF REVIEW

¶ 7. This Court reviews the grant or denial of summary judgment de novo. Estate of Johnson v. Chatelain, 943 So.2d 684, 686 (Miss.2006) (citation omitted). The evidence must be viewed in the light most favorable to the non-moving party. Id. The burden of demonstrating that there is no genuine issue of material fact falls upon the party requesting the summary judgment. Id. (citation omitted).

When a motion for summary judgment is made and supported as provided in Rule 56, an adverse party may not rest upon the mere allegations or denials of his pleadings; his response must set forth specific facts showing there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.

Id. at 687 (citation omitted). "Pursuant to Mississippi Rule of Procedure 56, summary judgment is appropriate when the non-moving party has failed to `make a showing sufficient to establish the existence of an element essential to the party's case, and on which that party will bear the burden of proof at trial.'" Bullard v. Guardian Life Ins. Co., 941 So.2d 812, 814 (Miss.2006).

ANALYSIS

I. Mississippi Products Liability Act

¶ 8. Defendants argue that Casanova's exclusive remedy is to bring an action under the Mississippi Products Liability Act ("MPLA"). We disagree. We find no statutory requirement that makes the MPLA the exclusive remedy for claims of malfunctioning automobiles. Moreover, this Court previously has held that breach of implied warranty claims are not barred by the MPLA. Bennett v. Madakasira, 821 So.2d 794, 808 (Miss.2002).

II. Implied Warranty of Merchantability

¶ 9. The implied warranty of merchantability provides that, "[w]hen a sale of goods is made, there is an implied warranty that the goods are merchantable if the seller is a merchant with respect to goods of that kind." Vince v. Broome, 443 *834 So.2d 23, 26 (Miss.1983) (citing Miss.Code Ann. § 75-2-314).[1] This Court has stated:

There are five elements which a plaintiff must prove to recover under section 75-2-314:(1) That a "merchant" sold "goods," and he was a merchant with respect to "goods of the kind" involved in the transaction, (2) which were not merchantable at the time of the sale, and (3) injuries and damages to the plaintiff or his property, (4) caused proximately and in fact by the defective nature of the goods, and (5) notice to the seller of the injury.

Id. (internal citation omitted) (emphasis added). See also Crocker v. Sears, 346 So.2d 921, 924 (Miss.1977) ("[T]his Court has not hesitated to reverse awards in favor of buyers in warranty cases where there was no evidence connecting the damage to the defect."). Privity of contract is not required. Miss.Code Ann. § 11-7-20 (Rev.2004).

¶ 10. Even though we must (for summary-judgment purposes) view as true Casanova's assertion that the van was unmerchantable because it pulled to the right from the first day, he must nevertheless offer evidence that the wreck was caused by the alleged defect. Casanova's expert, Rev. Victor Dixon, could not point to the cause of the wreck,[2] and Casanova offered no other proof of causation. Casanova testified that he heard a "pop" and the steering ceased to work. There is not one scintilla of evidence as to what caused the "pop" or the loss of control.

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Bluebook (online)
999 So. 2d 830, 2008 WL 5089664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-quality-ford-inc-v-casanova-miss-2008.