Eversole v. Woods Acquisition, Inc.

135 S.W.3d 425 (2004)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

P noticed antifreeze was leaking from his 1997 Ford Thunderbird. P was the original owner of the vehicle and had not previously experienced any mechanical problems. P had put 52,000 miles on it in three years. P took the vehicle to D, where he learned the manufacturer had issued a recall on the engine's intake manifold from which the antifreeze was leaking. D replaced the intake manifold and conducted a ten-mile test drive to confirm the vehicle worked. P picked up the vehicle when the repair work was completed. He drove it to work on July 6 and 7, and then used it to run a few errands on July 8. On July 9, P was returning from a visit to his parents' home when he noticed flames coming from under the hood of the vehicle. He got out and called the fire department. The fire destroyed the vehicle. P sued D for breach of implied warranty and res ipsa loquitor negligence. D had driven the vehicle 137 miles in the four days after picking it up and had no indication of a further mechanical problem until the fire broke out. Engle, D's employee testified that he had to disconnect, set aside, and then reconnect the fuel lines in order to replace the intake manifold. He surmised the fire subsequently occurred when one of the pressurized fuel lines ruptured. Milligan, a supervising mechanic, confirmed the vehicle was damaged by a fuel fire concentrated at the right, rear corner of the engine compartment. He also noted significant damage to the right front area, which he thought was likely caused by a high-pressure fuel spray. On cross, Milligan testified that the repair work was not likely the cause of the fire because a fuel leak would have been easily detectable upon his inspection of the vehicle. He also observed that safety locks over the clips connecting the fuel lines were still in place after the fire. The trial judge found for P in the amount of $ 12,000. D appealed.

Issues

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Holding & Decision

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Legal Analysis

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