Sunshine Homes v. Hogan
Sunshine Homes v. Hogan
Opinion
This is an action for damages arising from a collision of automobiles. The case was tried to the court without a jury. From a judgment of $3,000 rendered in favor of plaintiffs, defendants appeal.
The issue is whether the trial court's judgment was excessive as against the great weight of the evidence. We find no error and affirm.
The record reveals the following pertinent facts: On September 20, 1980, the Hogans' 1976 Seville Cadillac was parked near the intersection of Highway 24 and Highway 33 in Moulton, Alabama. Mr. Holloway, an employee of Sunshine Homes, was driving a tractor-trailer truck pulling a mobile home. Upon turning at the intersection the back end of the mobile home hit the Hogans' automobile, causing damage to the left rear area. Mr. Hogan testified that in his opinion the fair market value of the car prior to September 20, 1980, was $9,000. His opinion as to its fair market value after the collision was $6,000. Mr. Hogan received estimates on the cost of repair of $383.76 and $416.81 from two automobile dealers. Neither dealer, however, could guarantee an exact color match or that there would not be telltale signs of a wrecked automobile. Mr. Hogan further testified that the drastic changes in the design of the Seville model in 1979 increased the value of the 1976 model.
Mr. Kenneth Wayne Neal, an appraiser with Crawford and Company Insurance Adjusters, testified for Sunshine Homes and Mr. Holloway. His estimate of the value of the automobile in its damaged condition was the same as Mr. Hogan's estimate, $6,000. Mr. Neal's estimate of the fair *Page 151 market value prior to the collision, however, was $6,550. He testified that this figure was arrived at by getting estimates over the telephone from three local dealers and by reference to the value assigned that make and model by the NADA Retail Book. Mr. Neal's estimate as to the cost of repair was $358.30. He further testified that once an automobile is wrecked its value depreciates.
It is well settled in this state that the measure of damages for injury to personal property is generally the difference in the reasonable market value immediately before and after the injury. Crump v. Geer Brothers, Inc.,
On a question of fact, the finding of the trial court is presumed to be correct. Adams Supply Company v. United StatesFidelity Guaranty Company,
Finding no error, this cause is due to be affirmed.
AFFIRMED.
BRADLEY and HOLMES, JJ., concur.
Reference
- Full Case Name
- Sunshine Homes and Vernon Holloway v. David Hogan and Ann Hogan.
- Cited By
- 6 cases
- Status
- Published