Truckweld Equipment Co. v. Swenson Trucking & Excavating, Inc.

OPINION

MATTHEWS, Justice.

This ease originated with a suit about damage to a dump truck caused by the failure of a hydraulic assembly which had been repaired by defendant/cross-appellant, Truckweld Equipment Company. Plaintiff/cross-appellee, Swenson Trucking & Excavating, the owner of the truck, filed suit to recover the entire amount of the damages, although its insurer, Insurance Company of America [INA] had already paid it $12,000.00 of the $89,000.00 claimed in the suit. Truckweld subsequently obtained summary judgment on all five counts of the complaint and was upheld on four of them on…