Walck v. Nosser

GRIMM, Presiding Judge.

In this jury tried case, defendant appeals from the judgment entered against him for fraudulent misrepresentation in the sale of an automobile. We affirm.

Defendant raises three points of error. First, the trial court erred in giving a punitive damage instruction, because punitive damages are not recoverable on an odometer fraud claim brought pursuant to § 407.511 et seq., RSMo 1986. Since the case was submitted under a common law fraud count rather than the statutory count, there was no error. Second, the trial court erred in giving the punitive damage instruction,…