Malmberg v. American Honda Motor Co., Inc.

Grace Malmberg sued American Honda Motor Company, Inc., and Tri-States, Inc., d/b/a Smith Honda, alleging fraud.1 The court entered a summary judgment for American Honda, on the fraud claim, and made it final pursuant to Rule 54(b), Ala. R.Civ.P. Malmberg appeals.

Under the applicable standard of review, we must view the evidence before the court on the summary judgment motion in the light most favorable to Malmberg, the nonmoving party; seeWest v. Founders Life Assurance Co., 547 So.2d 870 (Ala. 1989); Ala. Code 1975, § 12-21-12. Viewed in that light, the evidence suggests the following facts: