Eversole v. Woods Acquisition, Inc.
Missouri Court of Appeals
135 S.W.3d 425 (2004)
- Written by Sharon Feldman, JD
Facts
Charles Eversole (plaintiff) owned a car and drove it nearly 52,000 miles over three years. Eversole did not have any problems with the car until it started leaking antifreeze. Eversole took the car to Woods Acquisition, Inc. (Woods) (defendant) for repairs and learned that the manufacturer had recalled the part from which the antifreeze was leaking. In replacing the part, Woods disconnected and reconnected fuel lines to the engine. Woods test-drove the car for 10 miles before returning it to Eversole. After Eversole picked up the car, he drove 137 miles over four days without any problems. Eversole was driving when a fire started under the car’s hood. The fire destroyed the car. Eversole sued Woods for the loss of the car, relying on the theory of res ipsa loquitur. The trial judge found in favor of Eversole. Woods appealed, arguing that Eversole did not show that a car fire would not normally occur without negligence.
Rule of Law
Issue
Holding and Reasoning (Hardwick, J.)
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