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

Coy Turner (D) was driving a feed truck owned by his employer, M & W Milling (D), when a movable auger mounted on the vehicle swung loose into oncoming traffic, striking and seriously damaging a dump truck owned by P and operated by 'Billy Andrew, Jr. Trucking, LLC.' The LLC, of which P was the sole member, was formed fifteen months prior to the accident. P filed suit against Ds claiming personal property damage to the truck as well as the loss of 'income derived from the use of said motor vehicle owned by P and used in the conduct of P's business.' The LLC was not named as a plaintiff in the lawsuit. Eventually, Ds asserted that the LLC was the only party that could pursue the lost income claim as the real party in interest. The trial court granted the motion granted final judgment in favor of Ds. The Court of Appeals reversed, holding that P could properly pursue the lost business claim in his own name because he is the sole owner of the LLC. Ds appealed.

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