Missouri Court of Appeals, Eastern District / Mar 12, 2024
David L. Williams, Respondent, vs. St. Charles Auto Mart, Inc. d/b/a Auto Solutions, Appellant.
David L. Williams sued St. Charles Auto Mart, Inc. d/b/a Auto Solutions under the Missouri Merchandising Practices Act, alleging the vehicle he purchased was modified and its extended warranty invalid. After a jury verdict for Auto Mart, the trial court granted Williams's motion for judgment notwithstanding the verdict (JNOV) on liability and ordered a new trial on damages. Auto Mart appealed, arguing the trial court erred in granting JNOV because it did not judicially admit elements of the MMPA claim. The appellate court affirmed the trial court's judgment, holding that Auto Mart failed to preserve its judicial admission arguments for appeal by not raising them in its Rule 72.01(b) filings or motion for new trial.