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GENERAL MOTORS ACCEPTANCE CORP. v. BATES

Nos. 90-1684, 91-1134 Summary Calendars.

954 F.2d 1081 (1992)

GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff-Appellant, v. Charlie BATES, Benjamin Fulkerson, Sr. and Benjamin Fulkerson, Jr., Defendants-Appellees. GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff-Appellant, v. CHARLIE BATES CHEVROLET-BUICK, INC., Defendant, Benjamin Fulkerson, Sr., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 4, 1992.

Attorney(s) appearing for the Case

Jess H. Dickinson, Vaughn & Dickinson, Gulfport, Miss., Nolan C. Leake, R. Byron Attridge, King & Spalding, Atlanta, Ga., for GMAC.

Fred A. Ross, Jr., Jackson, Miss., Charles E. Hamilton, III, Galen S. Brown, Lamothe, Hamilton & Odom, New Orleans, La., for defendants-appellees.

Before POLITZ, Chief Judge, KING and EMILIO M. GARZA, Circuit Judges.

POLITZ, Chief Judge:

General Motors Acceptance Corporation appeals the grant of directed verdicts in favor of the defendants in their individual capacities and the imposition of Rule 11 sanctions. For the reasons assigned we reverse both rulings and remand for a new trial.

Background

Early in 1985 Benjamin C. Fulkerson, Sr. decided to purchase an automobile dealership. Lacking experience in the auto...

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