Johnson v. GAPVT Motors, Inc.

Ellington, Judge.

The State Court of Cobb County granted the motion for summary judgment filed by GAPVT Motors, Inc. in David Johnson’s action for fraud and violations of Georgia’s Fair Business Practices Act in connection with his purchase of a car from GAPVT. Johnson appeals, and, for the reasons that follow, we reverse.

In order to prevail on a motion for summary judgment under OCGA § 9-11-56, the moving party must show that there exists no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of…