Facts

Plaintiff Cal-Con Pumping LLC (Cal-Con) bought a truck from defendant Western Truck Parts & Equipment LLC (Western) for $54,000. Western entered into a contract with Cooks Truck Body Mfg Inc. (Cooks) to shorten the wheelbase of the truck. Before filing suit, Cal-Con asked for an undamaged, new truck, which Western refused to provide. Cal-Con also requested that Cooks return their cement pump, and Cooks refused to do so.

PLAINTIFF'S CONTENTIONS:
Cal-Con contended that it rejected the truck after Cooks cut the frame too short. Cal-Con alleged that Western and Cooks tried to cover the cuts and re-welding of the frame with paint. During discovery, Cal-Con claimed the truck was unsafe due to the cut and re-welding of the frame, which Cooks denied. At trial, experts for Cal-Con testified that the truck was unsafe, and not legal to register with the DMV.

DEFENDANTS' CONTENTIONS:
Western and Cooks both denied that the frame was cut too short.

Result

The court found Western and Cooks jointly and severally liable for $81,911 in damages, as well as $17,219 prejudgment interest. Cal-Con was awarded an additional $192,402 in attorney fees and $17,184 in costs against Western, as well as $11,735 in costs from both defendants. Cooks settled a sanctions award for $52,000 for improperly denying the truck was unsafe during discovery.