Don Smith Ford, Lincoln-Mercury v. Doug Bolinger, et al

Don Smith Ford, Lincoln-Mercury, Inc. sued Doug Bolinger based upon theories of negligent misrepresentation, breach of contract and violations of the Tennessee Consumer Protection Act ("the TCPA"). The plaintiff averred that the defendant failed to disclose substantial body damage to his vehicle, which vehicle the defendant traded to the plaintiff in connection with his purchase from the plaintiff of a new Ford Explorer. The defendant denied the plaintiff's allegations and filed a third-party complaint against previous owners of the vehicle, Gary Hoese, dba Gary's Used Cars ("Hoese") and East Gate Motors, Inc. ("East Gate"). The defendant's third-party complaint is based upon alleged common law violations and upon the theory that Hoese and East Gate violated the TCPA in failing to disclose the condition of the vehicle's title. The trial court found that the defendant was liable to the plaintiff for negligently misrepresenting the condition of the vehicle and awarded it damages in the amount of $17,085. In addition, the trial court dismissed the defendant's third-party claims against Hoese and East Gate and, without stating the basis of its action, awarded attorney's fees to them, as well as to the plaintiff. The defendant appeals, arguing, inter alia, that the trial court erred in finding him liable for negligent misrepresentation; that the trial court erred in failing to hold Hoese and East Gate liable to the defendant; and that the trial court's awards of attorney's fees was improper. We vacate the trial court's fee awards to the plaintiff, Hoese, and East Gate pending further proceedings in the trial court. The balance of the trial court's judgment is affirmed.