SCOTT v. CAR CITY MOTOR CO., INC.

No. WD 45332.

847 S.W.2d 861 (1992)

Donald C. SCOTT and Linda L. Scott, Respondents, v. CAR CITY MOTOR CO., INC., Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 22, 1992.

Application to Transfer Denied March 23, 1993.


Attorney(s) appearing for the Case

Louis C. Accurso and Thomas Stein, Kansas City, for appellant.

J.C. Hambrick, Jr., Schulz, Bender, Maher & Blair, P.C., Kansas City, for respondents.

Before ULRICH, P.J., and SHANGLER and FENNER, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied December 22, 1992.

SHANGLER, Judge.

The defendant Car City appeals a judgment entered on a jury verdict in favor of the plaintiffs Donald and Linda Scott for $5,000 actual damages and $50,000 punitive damages. The claim was submitted to the jury on the theory that Car City fraudulently represented that the van they sold to the Scotts was new. The proof that the Scotts attempted was that in fact the...

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