Miller v. Triangle Volkswagen, Inc.

MARTIN (Robert M.), Judge.

The plaintiffs first argument on appeal concerns the trial judge’s granting of summary judgment in favor of defendant, Triangle Volkswagen, on plaintiffs allegation of common law fraud.

In order to prove that defendant was guilty of fraud the plaintiff at trial must prove: (1) that a defendant made a representation relating to some material fact; (2) that the representation was false; (3) that the defendant knew it was false or made it recklessly without any knowledge of its truth and as a positive assertion; (4) that the defendant made the representation with the…