White Motor Credit Corp. v. Sapp Bros. Truck Plaza, Inc.

This is a replevin action to recover possession of a 1972 White Freightliner truck, and for damages. The trial court sustained plaintiff’s motion for a directed verdict on the question of the right to possession and ownership of the truck. It sustained defendant’s motion to dismiss on the issue of wrongful detention. It found negligence on the part of defendant after assuming custody and control of the truck, and awarded plaintiff damages in the amount of $6,000. Defendant appeals and plaintiff cross-appeals.

Defendant alleges the trial court erred in not sustaining its motion to dismiss on…