
    PARKWAY DODGE, INC., and Kirk Gray v. Jeffrey L. CLARK.
    2990404.
    Court of Civil Appeals of Alabama.
    May 26, 2000.
    Rehearing Denied Aug. 25, 2000.
    Certiorari Denied Feb. 9, 2001 Alabama Supreme Court 1992246.
    James C. Ayers, Jr., of Clark & Scott, P.C., Birmingham, for appellants.
    William P. Traylor III, Deborah S. Bra-den, D. Dirk Thomas of Yearout, Myers & Traylor, P.C., Birmingham, for appellee.
   ROBERTSON, Presiding Judge.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. RApp.P.; § 6-11-20, Ala.Code 1975; Rule 408, Ala.R.Evid.; Life Ins. Co. of Georgia v. Smith, 719 So.2d 797 (Ala.1998); BMW of North America, Inc. v. Gore, 701 So.2d 507 (Ala.1997); Jewell v. Seaboard Indus., Inc., 667 So.2d 653 (Ala.1995); Grayson v. Dungan, 628 So.2d 445 (Ala.1993); Charter Hospital v. Weinberg, 558 So.2d 909 (Ala.1990); Hickox v. Stover, 551 So.2d 259 (Ala.1989); Hart v. Marcum, 692 So.2d 850 (Ala.Civ.App.1997); B E & K Constr. Co. v. Hayes, 666 So.2d 1 (Ala.Civ.App.1995); and Barton v. American Red Cross, 829 F.Supp. 1290 (M.D.Ala.1993).

YATES, MONROE, and CRAWLEY, JJ., concur.

THOMPSON, J., dissents.

THOMPSON, Judge,

dissenting.

Clark testified that he did not ask Gray or anyone else at Parkway Dodge whether the car had been wrecked. Clark testified that the only representation Gray made to him was that the car had been well maintained; Gray did not tell Clark that the car was safe or reliable. Clark testified that, based on Gray’s statement that the car had been well maintained, he inferred that the car was safe and reliable. I do not agree that this evidence amounts to clear and convincing evidence that Gray or Parkway Dodge “consciously or deliberately engaged in oppression, fraud, wantonness, or malice.” See § 6-ll-20(a), Ala. Code 1975.

I do not believe that the facts of this case support an award of punitive damages. Therefore, I must respectfully dissent.  