Scott v. Team Toyota

Phipps, Judge.

Sylvia Scott filed a multicount complaint against Team Toyota because it sold her a used motor vehicle which it represented as new. Scott appeals the trial court’s award of summary judgment to Team Toyota on all counts. We affirm in part and reverse in part.

Scott purchased a 2003 Toyota Tacoma pickup truck at Team Toyota’s dealership in August 2003 for a total cash price of about $18,700. Even though the truck had been driven over 1,600 miles, it was sold to Scott as new. Team Toyota’s salesman sought to explain the truck’s mileage by telling Scott that it had been loaned to a…