United States Eighth Circuit

No evidence supported plaintiff's claim that defendant-bank played any part in its employee's misrepresentations concerning the history and condition of a used car he was selling, or that he was acting within the scope of his employment when he sold the car to plaintiff. Remanded for a trial on the issue of punitive damages, as there was sufficient evidence of outrageous conduct on defendant-employee's part to support submission to the jury under the Missouri Merchandising Practices Act.

Appellate Information

• Decided 03/09/2004
• Published 03/09/2004

Judges

• MORRIS SHEPPARD ARNOLD, Circuit Judge., Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Dale Irwin, argued, Kansas City, MO, for appellant.


• For Appellees:
  
• Robert J.E. Edwards, argued, Kansas City, MO (David A. Goldberg, on the brief), for Appellee Wood & Huston Bank., Steven E. Marsh, argued, Springfield, MO (Christi D. Sewell, on the brief), for Appellees Roscoe and Rick A. Parker.