Before Prather, C.j., Roberts And Mills, JJ. Mills, Justice, For The Court:
THIS OPINION IS NOT DESIGNATED FOR PUBLICATiON AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A
DATE OF JUDGMENT: 10/17/96
TRIAL JUDGE: HON. KOSTA N. VLAHOS
COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - CONTRACT
MOTION FOR REHEARING FILED: MANDATE ISSUED:
This case comes on appeal from the Circuit Court of the first judicial district of Harrison County, where on June 13, 1990, Beverly Leslie filed an action against Turan-Lane Chevrolet-Buick Corporation, Inc. seeking recovery for alleged defects in a used automobile she had purchased. On October 17, 1996, the circuit court granted Turan-Lane's motion for summary judgment from which order Leslie has timely appealed.
WHETHER THE TRIAL COURT ERRED IN SUSTAINING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT.
On November 4, 1989 Beverly Leslie purchased a used 1988 Chevrolet Nova from Turan-Lane for $6,895.00. Prior to making her purchase, Leslie test drove the vehicle and experienced no problem. She noticed shortly after making her purchase however, that the car shook violently at speeds in excess of fifty miles per hour and that the front end made "popping" noises when turning. On November 7, 1989 Leslie returned the vehicle to the dealership to correct the shaking and popping.
Turan-Lane checked the front end alignment of the vehicle and found nothing wrong. The dealership then offered Leslie an opportunity to test drive the vehicle while accompanied by a service technician so that she could point out the problem she alleged to be having with the car. Leslie refused this offer, and left the vehicle with the dealership. Turan-Lane has allowed the vehicle to remain on its property throughout this litigation, but has not attempted to sell the vehicle and claims no title to it.
In 1994, Leslie procured a mechanic to examine the vehicle. His visual examination revealed no defect, and his test drive revealed no "popping" noises in the front end of the vehicle. The mechanic subsequently executed an affidavit stating that the problems ...