Hughes v. Ranker Motor Sales, Inc.
Hughes v. Ranker Motor Sales, Inc.
Opinion of the Court
This is an appeal from the lower court’s judgment awarding appellant damages in the amount of $3,000.00 for negligent bailment of his 1975 Porsche 911-935 automobile. Appellant raises three points on appeal, two of which have merit.
Appellant first argues that the trial court erred in refusing to allow him to amend his complaint for a second time to include a count for common law conversion and in dismissing his claim for statutory civil theft. Appellant’s initial complaint contained only the count for statutory civil theft. His first amended complaint added the negligent bailment count. The statutory civil theft count was dismissed during trial at the conclusion of appellant’s case.
Appellant’s second meritorious point concerns whether the trial court abused its discretion in awarding damages in the amount of only $3,000.00. We think the trial court did abuse its discretion, because • the award of $3,000.00 is not supported by the evidence. Even the lowest damage estimate, given by appellee’s expert witness, was higher than $3,000.00. The award of $3,000.00 was pure speculation on the part of the trial court and it cannot stand. See Florida Outdoor, Inc. v. Stewart, 318 So.2d 414 (Fla. 2d DCA 1975), cert. denied, 333 So.2d 465 (Fla. 1976). On remand, the trial court must redetermine the damages sustained by appellant due to appellees’ negligent bailment of his vehicle.
REVERSED AND REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.