Perma Ad Ideas of America, Inc. v. Mayville

• Decision Date: 06 May 1981
• Docket Number: No. 61537,61537
• Citation: 158 Ga.App. 707,282 S.E.2d 128
• Parties: PERMA AD IDEAS OF AMERICA, INC. et al. v. MAYVILLE.
• Court: Georgia Court of Appeals

Page 128

282 S.E.2d 128

158 Ga.App. 707

PERMA AD IDEAS OF AMERICA, INC. et al. v. MAYVILLE.

No. 61537.

Court of Appeals of Georgia.

May 6, 1981.

Rehearing Denied June 1, 1981.

James B. Crew, Jr., Atlanta, for appellants.

Charles E. Walker, Atlanta, for appellee.

BIRDSONG, Judge.

Summary judgment. Appellant Perma Ad Ideas of America, Inc. is a business owning a 1978 Lincoln Mark V automobile. The car was being driven by John Thornton (the president of Perma Ad) along Peachtree Industrial Boulevard. Another vehicle operated by appellee Mayville allegedly suffered a brake failure. Being unable to stop at a red light, Mayville negligently swerved or otherwise struck the car operated by Thornton. Mayville was insured by Fireman's Fund Insurance Co. Thornton contacted Fireman's Fund and informed the insurer that the Mark V had a "Blue Book" value of $11,225 and that after the collision he had received three (unidentified) appraisals placing the value at $3,000. Fireman's Fund, however, obtained an estimate that the cost of repairs for damages resulting from the collision was $3,214.02. In due course, Fireman's Fund issued a check, payable to Thornton and Perma Ads in the amount of $3,214.02. On the front of the check appeared the words "Full and Final." On the reverse appeared the indorsement "Endorsement by payee constitutes a receipt and release for the items mentioned on the face of this draft." Perma Ad and Thornton accepted the check, indorsed it and have not returned any of the funds. Thornton by affidavit asserted that an employee of Fireman's Fund told him that the check for $3,214.02 would not affect his right to sue for the difference of the before and after value of the Lincoln. Thornton brought suit against Mayville seeking the difference between the before value ($11,225) and the after collision value ($6,214), or $5,011. Mayville answered and denied liability alleging an accord and satisfaction. Mayville moved for summary judgment which the trial court granted. Perma Ad and Thornton bring this appeal enumerating as error the grant of the summary judgment. Held :

The measure of damages in an action to recover for injuries to a motor vehicle caused by a collision or other negligence of a defendant is the difference between the value of the vehicle before and after the collision or other negligence, but where the owner has had the vehicle repaired, that loss can be established by showing the reasonable value of labor and material used for the repairs, and the value of any depreciation (permanent impairment) after the vehicle was repaired, provided the aggregate of these amounts does not exceed the value of the vehicle before the injury. General GMC Trucks v. Crockett, 145 Ga.App. 503, 504, 244 S.E.2d 78; Ga. Grain Growers Assn. v. Craven, 95 Ga.App. 741, 746, 98 S.E.2d 633; Padgett v. Williams, 82 Ga.App. 509(1), 61 S.E.2d 676. In this case appellants have alleged in the complaint the difference in fair market value before and after the collision as the amount of their damages. Yet appellants offered no evidence of the value of the vehicle after repairs as augmented by evidence of permanent reduced value caused by...