Toy v. Mazza, 2007-T-0028 (11-30-2007)

OPINION

{¶ 1} Appellant, Kristin Toy ("Ms. Toy"), appeals the Trumbull County Court of Common Pleas' denial of her motion to certify a class action. For the reasons that follow, we affirm.

{¶ 2} Statement of Facts and Procedural History

{¶ 3} This appeal stems from the purchase by Ms. Toy of a used 2002 Dodge Durango from appellee William Mazza, dba Warren's Eastside Auto Sales ("Mr. Mazza") for $10,350. Ms. Toy purchased the vehicle "`AS IS' — without guarantee express or implied * * *" and without knowing the actual mileage of the vehicle. Although Ms. Toy signed an "Odometer Disclosure…