JASON C. BLOSSER
CYRUS JOHNSON, IV D/B/A THE RIVER CITY RIDES
Session April 17, 2018
from the Chancery Court for Shelby County No. CH-10-10473
JoeDae L. Jenkins, Chancellor
appeal deals only with the trial court's award of treble
damages pursuant to the Tennessee Consumer Protection Act.
Finding no error, we affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed and Remanded
Charles E. Waldman, Memphis, Tennessee, for the appellant,
Cyrus Johnson, IV.
Everett B. Gibson, Memphis, Tennessee, for the appellee,
Jason C. Blosser.
Brandon O. Gibson, J., delivered the opinion of the court, in
which J. Steven Stafford, P.J., W.S., and W. Neal McBrayer,
MEMORANDUM OPINION 
BRANDON O. GIBSON, JUDGE
AND PROCEDURAL HISTORY
dispute involves the sale of a used car. Jason C. Blosser
("Buyer"), plaintiff and appellee, filed suit
against Cyrus Johnson, IV ("Seller"), defendant and
appellant, in Shelby County Chancery Court, seeking
rescission and money damages, including damages pursuant to
the Tennessee Consumer Protection Act, Tennessee Code
Annotated section 47-18-101, et. seq. ("TCPA").
bench trial, the chancery court entered judgment in favor of
Buyer and made the following findings of fact:
1. In March of 2010, Defendant, who at the time the cause of
action arose, was a sole proprietor and operated a business
selling used vehicles.
2. Defendant advertised a 1972 FJ40 Toyota Landcruiser
automobile for sale on eBay.
3. Various conversations were had between Defendant and
Plaintiff, wherein the Plaintiff was told that the vehicle
was suitable for driving back and forth to work.
4. The Defendant's advertisements and statements painted
the picture that the vehicle was "strong, very strong
running, " "a true head turner, " "new
paint, " "new upholstered seats, " "brand
new ambulance style seats, " "brand new interior,
" "painted tan" and "custom leather
panels and hardtop."
5. After these discussions and representations, Plaintiff
agreed to purchase the automobile for $9, 000. The purchase
price was paid to Defendant by ...