Garrido v. Team Auto Sales, Inc.
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The Supreme Court affirmed in part and reversed and remanded in part the judgment of the circuit court granting summary judgment for Defendant, a used-car dealer, on Plaintiffs’ claims alleging that the used vehicle they purchased from Defendant was sold without a muffler and that they suffered carbon monoxide poisoning from the vehicle.
The circuit court granted Defendant’s motion for summary judgment on all claims, concluding that Plaintiffs failed to generate a question of fact as to causation. On appeal, the Supreme Court held (1) the circuit court erred in granting Defendant’s motion for summary judgment because there was sufficient evidence in the record for a jury to conclude that the defective exhaust system probably caused Appellants’ carbon monoxide exposure; and (2) the circuit court did not err in denying Appellants’ request for fees incurred by their expert in preparing for a deposition noticed by Defendant.
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