Engram v. Sonny Campbell's Gulf, Inc.

Carley, Judge.

The relevant facts in this appeal are as follows: An employee of appellee-defendant’s service station erroneously began to pump gasoline into appellant-plaintiff’s diesel automobile. When this mistake was discovered, it was agreed that the fuel tank would not be drained but would simply be filled with diesel fuel. Four days later, the car stopped running and was towed to appellee’s service station for repair. Subsequently, however, appellee determined that a diesel mechanic should make the repairs and it towed the car to Evans Auto Repair (Evans) for that purpose. Although…