Cummins Missouri, Inc. v. Thierath

CRIST, Judge.

Action by appellant (Cummins Mo.) against respondent (trucker) to recover $2,214.64 for repairs made to the engine in trucker’s truck. Counterclaim by trucker for fraud of Cummins Mo. in installing an engine different from the one agreed upon.

The jury found against Cummins Mo. on its action to recover $2,214.64. It awarded trucker $35,000.00 actual damages and $75,000.00 punitive damages on his counterclaim. The trial court reduced the actual damage award to $15,000.00. Cummins Mo. appealed the judgment on trucker’s counterclaim. We reverse the judgment on the counterclaim.

The…