Fancher v. Southwest Missouri Truck Center, Inc.

BILLINGS, Judge.

Plaintiffs Remmel Fancher and Devota Fancher, husband and wife, were awarded damages by a Greene County jury for defendant’s alleged negligence in the repair of their tractor truck. The trial court granted defendant’s motion for a new trial on the ground plaintiffs failed to make a submissi-ble case of negligence. We reverse and remand with directions to reinstate the verdict of the jury.

Plaintiffs contended the defendant was negligent because it installed the wrong gear ratio in one of the tractor’s two differentials which resulted in gear breakage and resultant damage. It…