Gibbons v. J. Nuckolls, Inc.

RONNIE L. WHITE, Judge.

I

Rodney Gibbons appeals the circuit court’s dismissal of his claim against J. Nuckolls, Inc., d/b/a Fenton Auto Sales (Nuckolls), alleging a violation of the Merchandising Practices Act (MPA). The Court holds that wholesalers are “persons” for purposes of the MPA. The circuit court’s judgment is reversed, and the case is remanded.

II

Nuckolls is an automobile wholesaler. Gibbons purchased a car from a dealership that had purchased the car from Nuckolls. Gibbons sued the dealership and Nuckolls under the MPA, alleging that he was told the car was never in an accident when,…