DEWAYNA M. KILLEN
PHILLIPS WRECKER SERVICE AND GARAGE
Assigned on Briefs August 1, 2017
from the Circuit Court for Monroe County No. V16258P Lawrence
Howard Puckett, Judge
dispute stems from an agreement for the purchase and
installation of a used automobile motor. The parties to the
agreement both claim the other breached the agreement.
Following a trial, the circuit court determined that the
purchaser breached the agreement. Discerning no error, we
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed and Case Remanded
Dewayna M. Killen, Madisonville, Tennessee, pro se appellant
E. Phillips d/b/a Phillips Wrecker Service and Garage,
Tellico Plains, Tennessee, pro se appellee.
Neal McBrayer, J., delivered the opinion of the court, in
which John W. McClarty and Arnold B. Goldin, JJ., joined.
MEMORANDUM OPINION 
NEAL McBRAYER, JUDGE
appellant, the plaintiff below, Ms. Dewayna M. Killen, is the
owner of a Chevrolet Impala in need of a new motor. Mr. Scott
E. Phillips is the sole proprietor of the appellee, the
defendant below, Phillips Wrecker Service and Garage, an
automobile dismantling yard.
Killen initially filed suit against Phillips Wrecker Service
and Garage and another party in the General Sessions Court
for Monroe County, Tennessee. She claimed that Mr. Phillips
had quoted her a price for a motor and installation that he
would no longer honor. Ms. Killen further claimed that Mr.
Phillips would not return the money that she had allegedly
paid to Phillips Wrecker Service and Garage.
the general sessions court awarded her a judgment, Ms. Killen
appealed to the Circuit Court for Monroe County. As they both
do now in this appeal, the parties represented themselves
before the trial court. According to the statement of the
evidence submitted by Mr. Phillips, the following took place
at the trial:
Ms. Killen was asked to explain what had happened. Ms. Killen
is asking for a refund of $600.00 because she claims no
services were rendered to her. I explained to Judge Puckett
that Ms. Killen called us at the end of Jan. 2016 about a
motor for her Chevrolet Impala and we went over the price of
the motor with Ms. Killen.
I then explained to Judge Puckett that on February 18th, 2016
that we (Phillips) and Ms. Killen agreed to meet in
Madisonville, TN with my wife Joyce Phillips to pick up the
down payment of $200.00 for a motor for her Chevy Impala at
the cost of $400.00 plus tax (9.25%) with a total of $437.00.
The deposit left $237.00. She also had asked if our shop
could install the motor for her and was told we could not
install it because our Mechanic had gotten sick and had to
quit. I referred Ms. Killen to another local automotive shop
named Shep's Garage in Tellico Plains and gave her his
Ms. Killen was advised that as soon as she payed [sic] the
motor off, we at Phillips would deliver the motor ...