Newberry v. TRISTAR AUTO GROUP, INC.

Phipps, Judge.

This case arises from Ruben and May Newberry’s purchase of a truck from TriStar Auto Group, Inc. After the truck sustained body damage, TriStar agreed to have its body shop, Finish Line Paint and Collision, Inc., make the repairs. While the truck was in Finish Line’s possession, however, the engine sustained serious damage. As a result, the Newberrys quit making payments on the truck, and TriStar sued them for breach of contract. The Newberrys filed a counterclaim, charging TriStar with fraud and charging both TriStar and Finish Line with liability for having damaged the engine…