Ardis v. Fairhaven Funeral Home & Crematory, Inc.
312 Ga. App. 482
Ga. Ct. App.2011Background
- Appellants filed suit against Fairhaven alleging concealed logo costs in obituary fees and misrepresentation to customers.
- Obituaries were forwarded to Savannah Morning News for pricing/publication; logo included in notices and charged as part of fee.
- Appellants sought class certification for 11 Fairhaven customers in the prior four years who paid for obituary services.
- Trial court denied class certification due to lack of commonality and predominance; numerosity and adequacy issues were conceded.
- Court held misrepresentation requires individualized proof of reliance, making common questions potentially insufficient for class treatment.
- Court affirmed denial of class certification, noting some evidence supports trial court’s findings and applying Georgia class-certification standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does commonality under OCGA § 9-11-23(a)(2) exist? | Ardis argues common questions predominate and commonality is met. | Fairhaven contends individualized reliance defeats commonality. | No clear error; commonality not established due to individualized reliance issues. |
| Do the predominance and manageability requirements under OCGA § 9-11-23(b)(1)/(b)(3) bar certification? | Ardis contends common questions predominate and class treatment is superior. | Fairhaven asserts individualized issues overwhelm common questions. | The court affirmed denial on the basis of lack of commonality and predominance. |
Key Cases Cited
- Carnett’s, Inc. v. Hammond, 279 Ga. 125 (Ga. 2005) (common questions not enough when results depend on individualized proof)
- Perez v. Atlanta Check Casher, Inc., 302 Ga. App. 864 (Ga. App. 2010) (lack of evidence showing class-wide consent undermines certification)
- Fortis Ins. Co. v. Kahn, 299 Ga. App. 319 (Ga. App. 2009) (standardized documents can support predominance)
- Life Ins. Co. v. Meeks, 274 Ga. App. 212 (Ga. App. 2005) (individualized questions can defeat certification)
- Ekstedt v. Charter Med. Corp., 192 Ga. App. 248 (Ga. App. 1989) (burden to prove class certification lies with movant)
- Duffy v. The Landings Assn., 254 Ga. App. 506 (Ga. App. 2002) (denial of class certification affirmed for any reason)