## Facts

- Charles Eversole purchased a new 1997 Ford Thunderbird and drove it about 52,000 miles without mechanical problems.
- In July 2000, he discovered an antifreeze leak and took the car to Woods Acquisition, Inc., d/b/a Bill Woods Ford, where a recall-related intake manifold replacement was performed.
- During the repair, Woods’ apprentice mechanic disconnected, set aside, and reconnected the vehicle’s fuel lines.
- Woods test-drove the vehicle about ten miles and returned it to Eversole on July 5, 2000.
- Over the next four days, Eversole drove the car about 137 miles without incident.
- On July 9, 2000, Eversole saw flames coming from under the hood while driving; the vehicle was destroyed by fire.
- Eversole could not identify the precise cause of the fire and reported no warning signs beforehand.
- Woods’ personnel indicated the fire was a fuel fire concentrated near the right rear corner of the engine compartment and was consistent with a ruptured pressurized fuel line and high-pressure fuel spray.

## Issues

1. Whether the evidence permitted an inference of negligence under res ipsa loquitur for a fuel-fed engine fire occurring shortly after repair work involving fuel lines.
2. Whether Missouri law recognizes, and the evidence supports, breach of an implied warranty in a transaction primarily involving automotive repair services.

## Decision

- The Missouri Court of Appeals, Western District, affirmed the bench-trial judgment for Eversole and the $12,000 damages award.
- The court held the evidence was sufficient to apply res ipsa loquitur and infer negligent repair by Woods.
- The court held that an implied warranty of workmanlike performance/fitness applies to repair services and supported a finding of breach on these facts.

## Legal Principles

- Res ipsa loquitur may apply when: (1) the occurrence is of a kind that ordinarily does not happen absent negligence, (2) the instrumentality was under the defendant’s management and control, and (3) the plaintiff lacks access to the specific causal explanation.
- In an automotive repair context, a fuel-fed engine fire arising soon after work involving fuel lines may support a res ipsa inference where the circumstances reasonably exclude other causes and connect the event to the repair.
- A repair-service provider impliedly warrants that services will be performed in a workmanlike manner and will render the repaired item reasonably fit and safe for ordinary use.
- A plaintiff need not prove the exact negligent act or pinpoint a specific defect when circumstantial evidence shows the post-repair failure is consistent with substandard workmanship and inconsistent with proper care.

## Conclusion

The court upheld liability because the circumstantial evidence supported an inference that a fuel-fed engine fire shortly after fuel-line-related repair work would not ordinarily occur without negligent workmanship, and Missouri law imposes an implied warranty that repair services will be performed in a workmanlike manner resulting in a reasonably fit and safe vehicle.


Eversole v. Woods Acquisition, Inc., 135 S.W.3d 425 (Mo. Ct. App. W.D. 2004)