On remand, circuit judge need not make the same rulings as before remand. Plaintiff’s testimony, that plaintiff could not title her car because of defective title, did not constitute hearsay because it included only plaintiff’s first-hand experience and no out-of-court statement. Statutes provide that selling a motor vehicle without a valid title is fraud, so that conduct constitutes a violation of the Missouri Merchandising Practices Act, and supports plaintiff’s judgment. Actual damages included incidental damages, but loss of a business expectancy was beyond incidental damages. Statutes allow an award of punitive damages, which had support in evidence that motor vehicle dealer defendant sold plaintiff a motor vehicle with a manifestly defective title and, “when [plaintiff] attempted to work with the [defendant] to try to get a proper title and later attempted to rescind the purchase, the [defendant’s] employees laughed at her and taunted her to ‘take them to court.’” Statutes also allow an award of attorney fees, which Court of Appeals presumes is correct. Affirmed, with actual damage award reduced, and remanded again to determine the amount of attorney fees due on appeal.
Tequea Fisher vs. H & H Motor Group, LLC
(Overview Summary)
Missouri Court of Appeals, Western District – WD83318
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