Lamb v. R.L. Mathis Certified Dairy Co., 73772

• Decision Date: 29 June 1987
• Docket Number: No. 73772,73772
• Parties: LAMB v. R.L. MATHIS CERTIFIED DAIRY COMPANY.
• Court: Georgia Court of Appeals

Page 214

359 S.E.2d 214

183 Ga.App. 455

LAMB v. R.L. MATHIS CERTIFIED DAIRY COMPANY.

No. 73772.

Court of Appeals of Georgia.

June 29, 1987.

Patricia A. Hoin, Tucker, T. Gordon Lamb, Atlanta, pro se, for appellant.

Sidney L. Moore, Jr., Decatur, for appellee.

POPE, Judge.

An automobile owned by plaintiff Lamb and driven by plaintiff's wife was involved in a collision with a vehicle owned by defendant Mathis Certified Dairy Company and driven by its employee. Defendant admitted liability for the collision and agreed to pay plaintiff for damages to his automobile. Defendant reimbursed plaintiff for repairs made by the body shop and for a bill for one month's rental of a replacement automobile. Defendant refused to pay for mechanical work performed on the engine or for automobile rental charges for an additional six weeks. Plaintiff brought this action to recover his additional claims. Plaintiff appeals from the directed verdict in favor of defendant.

1. We agree the trial court erred by directing a verdict in favor of defendant as to plaintiff's claim of $90.74 for the replacement of a tire. No photographs of the automobile either before or after the collision were offered as evidence. However, it is undisputed that the "front side" of the plaintiff's automobile was struck and damaged in the collision. Plaintiff was not an eyewitness to the accident but arrived at the scene before the automobile was removed. Thus, he had the opportunity to observe the physical damage sustained in the collision. Plaintiff testified one of the tires was damaged in the collision and he paid $90.74 to replace the tire. The trial court improperly excluded the invoice for the tire and erred in directing a verdict in defendant's favor as to plaintiff's claim for said damages. Plaintiff's testimony concerning the damage he observed to the tire and its relation to the location of other physical damage to the vehicle was competent circumstantial evidence sufficient to create a jury issue as to plaintiff's claims for damages to the tire. The testimony of an expert witness would not be required for physical damage plaintiff was able to observe for himself.

2. However, plaintiff's testimony was insufficient to create an issue for the jury as to whether mechanical work performed on the engine of the vehicle was causally related to the collision. The vehicle in question was a 1976 BMW which was nine years old at the time of collision in 1985. Bills for mechanical work which the plaintiff sought to submit into evidence contained charges for replacement of numerous engine parts, including spark plugs, the back tail light, the radio antenna and the air flow meter. Plaintiff testified he personally examined the parts removed and replaced by the mechanic and that they were damaged. However, plaintiff admitted he was not an expert in the area of engine repairs. Testimony concerning the owner's unqualified opinion as to causation of internal mechanical damage to an automobile is quite different from testimony concerning outwardly visible external damage which did not require the testimony of an expert, as discussed in Division 1. Plaintiff was admittedly unqualified to offer an opinion as to whether all or part of the work performed on the engine was necessitated by damage sustained in the collision. Since plaintiff's unqualified testimony was the only evidence offered by him on the issue of mechanical damage, the trial court properly excluded copies of the mechanic's bills from the record and properly directed a verdict to the defendant on this item of damage.

3. Plaintiff offered no expert testimony as to the permanent impairment of the value of the automobile. However, "[o]ne need not be an expert or dealer in the article in question but may testify as to its value if he has had an opportunity for forming a correct opinion." OCGA § 24-9-66. Plaintiff testified that the automobile was traded for $4,000 on another vehicle approximately six months after the collision. The amount received for trade of a vehicle after repairs have been made is admissible on the issue of depreciation in value. Appling Motors v. Todd, 143 Ga.App. 644(2c), 239 S.E.2d 537 (1977). It was plaintiff's opinion that the automobile was worth $8,500 prior to the collision. This opinion was based upon plaintiff's survey of the sales price offered by dealers and in newspaper advertisements for automobiles of the same make and model in similar condition. Plaintiff also offered his description of the condition of the automobile before the collision and after repairs had been made. "This was sufficient foundation for him to testify as to the value of the car before the accident.... No expert witness was needed." Rutledge v. Glass, 125 Ga.App. 549(1), 188 S.E.2d 261 (1972). Plaintiff's testimony created an issue for jury determination as to his claim for diminished value of the automobile. The trial court erred in directing a verdict in favor of defendant on this item of damage.

4. An issue was also created as to whether plaintiff was entitled to additional damages for rental of a replacement vehicle. As discussed in Division 2 of this opinion, plaintiff did not properly establish that the work performed by the mechanic was causally related to the collision. Therefore, plaintiff is not entitled to an award for rental of a replacement vehicle for the time required to make those repairs. However, defendant does not dispute liability for repairs made by the body shop. Therefore, plaintiff would be entitled to reasonable rental value of a comparable car for a reasonable length of time to have the body repairs completed. See Apostle v. Prince, 158 Ga.App. 56(2), 279 S.E.2d 304 (1981).

The collision which forms the basis for plaintiff's complaint occurred on October 1, 1985. While defendant admitted liability and agreed to reimburse plaintiff for his damages, defendant did not approve the estimate...