McMahon v. Charles Schulze, Inc.

CLEMENS, Judge.

Plaintiff Lee McMahon had a $356.05 judgment in magistrate court based on negligent repair of an automobile. Defendant appealed and on a jury trial the circuit court directed a verdict for defendant. Plaintiffs 1 appeal from the adverse judgment.

The critical issue: When a plaintiff sues in magistrate court for negligent repair of an automobile, can he on appeal to the circuit court amend his petition to allege breach of warranty? We say no.

In the magistrate court Lee McMahon alleged defendant contracted to service and repair his car but did so negligently, requiring further…