Knight v. Stevens Logging, Inc., 69225
| Decision Date | 14 January 1985 |
| Docket Number | No. 69225,69225 |
| Citation | 173 Ga.App. 359,326 S.E.2d 494 |
| Parties | KNIGHT v. STEVENS LOGGING, INC. |
| Court | Georgia Court of Appeals |
James V. Towson, for appellant.
George D. Lawrence, Eatonton, for appellee.
Stevens Logging, Inc. (Stevens) brought this action against Phillip Knight for damages resulting from a collision between a tractor and trailer owned by Stevens and a car operated by Knight. The trial court sitting without a jury entered judgment in Stevens' favor. Knight does not contest the trial court's finding of liability but appeals from the award of damages for the tractor and trailer. There being separate findings of damage as to each we will treat the contentions regarding the tractor and trailer separately.
1. Appellant contends the trial court erred in the amount of damages it awarded appellee for the tractor unit of the vehicle. Recovery for damages to an automobile may be based on the difference in the value before the injury and the value afterwards; alternatively, it may be based on the reasonable value of necessary repairs together with hire value of the vehicle while incapable of use and the value of permanent impairment, provided the aggregate amount of those items does not exceed the value of the automobile before the accident, with interest. Davis v. Sotomayer, 149 Ga.App. 224, 253 S.E.2d 782 (1979).
The trial court awarded appellee $14,000 for the loss of use of the vehicle. Although we find the evidence sufficient to indicate appellee elected to have the tractor repaired, we find insufficient evidence in the record to support the trial court's ruling that ninety days was a reasonable length of time for repair of the tractor. However, on appeal this court will construe the evidence to uphold rather than overturn the judgment of a trial court, Barry v. Stanco etc., Products, 243 Ga. 68, 70, 252 S.E.2d 491 (1979), and a judgment right for any reason will be upheld. Fourteen West Realty v. Wesson, 167 Ga.App. 539, 540, 307 S.E.2d 28 (1983). Thus, although the evidence does not support the verdict based on the loss of use method of computation, we find sufficient evidence in the record to support an award based on the before and after value of the tractor. Competent evidence showed that the value of the tractor before the accident was between $14,000 and $15,000; the parties stipulated that the tractor's value after the accident was $3,000. Accordingly, the evidence supports an...
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...impression does not mean insurer denied claim in good faith or insulate insurer from bad faith penalty); Knight v. Stevens Logging, 173 Ga.App. 359, 360(1), 326 S.E.2d 494 (1985) (judgment right for any reason will be upheld). Even assuming without deciding that part or all of the mega exhi......
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...amount of those items does not exceed the value of the automobile before the accident, with interest." Knight v. Stevens Logging, 173 Ga.App. 359, 360(1), 326 S.E.2d 494. Value for purposes of this rule means "fair market value." Battle v. Strother, 171 Ga.App. 418, 421(5), 319 S.E.2d 887; ......
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