Snyder's Auto World, Inc. v. George Coleman Motor Co., Inc.

• Decision Date: 07 June 1993
• Docket Number: No. 2053,2053
• Citation: Snyder's Auto World, Inc. v. George Coleman Motor Co., Inc., 434 S.E.2d 310, 315 S.C. 183 (S.C. App. 1993)
• Court: South Carolina Court of Appeals
• Parties: SNYDER'S AUTO WORLD, INC., as successor in interest to Snyder's Pontiac/GMC Trucks, Inc., Respondent, v. GEORGE COLEMAN MOTOR COMPANY, INC., Defendant and Third Party Plaintiff, v. Wayne H. WHITNER and Kenneth Welcher, individually and as partners d/b/a Carolina Leaseway Auto Sales; Sylvia D. Whitner, Gary Brooks, d/b/a Brooks Body Shop, Gary Brooks, d/b/a Brooks Used Cars, Wayne Whitner and Brian Whitner, individually and as partners d/b/a Whitner's Used Cars, and Bill Burns d/b/a State Auto Sales, of whom Wayne H. Whitner, Carolina Leaseway Auto Sales and Whitner's Used Cars are Appellants. . Heard

Page 310

434 S.E.2d 310

315 S.C. 183

SNYDER'S AUTO WORLD, INC., as successor in interest to

Snyder's Pontiac/GMC Trucks, Inc., Respondent, v. GEORGE COLEMAN MOTOR COMPANY, INC., Defendant and Third

Party Plaintiff, v. Wayne H. WHITNER and Kenneth Welcher, individually and as

partners d/b/a Carolina Leaseway Auto Sales; Sylvia D.

Whitner, Gary Brooks, d/b/a Brooks Body Shop, Gary Brooks,

d/b/a Brooks Used Cars, Wayne Whitner and Brian Whitner,

individually and as partners d/b/a Whitner's Used Cars, and

Bill Burns d/b/a State Auto Sales,

of whom Wayne H. Whitner, Carolina Leaseway Auto Sales and

Whitner's Used Cars are Appellants.

No. 2053.

Court of Appeals of South Carolina.

Heard June 7, 1993.

Decided July 12, 1993.

Kenneth E. Sowell, Greenville, for appellants.

Alexander M. Bullock, Greenville, for respondent.

SHAW, Judge:

Respondent, Snyder's Auto World, Inc., brought this action to recover damages incurred when it repurchased a 1986 Pontiac Fiero from a customer upon discovery that the car had previously been wrecked, salvaged and rebuilt. Wayne H. Whitner, who initially purchased and repaired the salvaged car, appeals from a $6,600 jury verdict against him for unfair trade practices. We affirm.

The sole issue raised on appeal is whether the trial judge erred in the admission of a document which contained an opinion of an outside appraiser who did not testify at trial.

On June 30, 1988, a 1986 Pontiac Fiero was involved in an accident. Subsequently, State Auto Insurance Company paid its insured $8,050 and sold the car as salvage to Whitner for a purchase price of $1,275. Pursuant to S.C.Code Ann. § 56-19-480 (1991), the insurance company turned title of the car over to the Highway Department and submitted an S-1 form indicating the vehicle was a total loss. Whitner had the car repaired and, as required by the above statute, submitted an affidavit in order to obtain a certificate of title on the rebuilt car. The affidavit indicated the cost of repair of the car was $750.

§ 56-19-480 provides in pertinent part:

If a vehicle is acquired by an insurance company in settlement of a claim to such vehicle ... the company or its agent shall immediately deliver to the Department the certificate of title for cancellation together with a report indicating the type and severity of damage to the vehicle. At such time as the insurance company may thereafter transfer the damaged vehicle, the company or its agent shall notify the Department to whom the transfer was made on a form prescribed by the Department. The vehicle may then be transferred as salvage by use of a form prescribed by the Department.

. . . . .

A certificate of title for the vehicle may not again be issued except upon submission of an application containing the information required by the Department together with ... an affidavit from the rebuilder indicating that the total cost of repairing the vehicle including all labor and parts was estimated to be or actually was less than sixty percent of the fair market retail value of the vehicle....

At trial, the court, over objection, allowed the admission of State Auto's entire file concerning the Fiero under S.C.Code Ann. § 19-5-510 (1985), the...