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Tolliver v. Braglin2/12/2004
nt that the estimates do not reflect the exact repair costs, we note that appellee had the burden to prove his damages by a preponderance of the evidence. If these two estimates did not represent the cost to repair his vehicle, then appellee could have introduced additional evidence.
. For these reasons, we hereby sustain appellant's third assignment of error and hereby reverse and remand the trial court's judgment. On remand, appellee will be given the option to accept the remittitur of his damages to $4,786.25 (the amount of the maximum estimate). If appellee accepts the remittitur, the trial court may enter judgment for him in that amount. Conversely, if appellee elects to refuse the remittitur, the trial court is directed to grant appellant's motion for new trial and conduct a trial only on the issues of damages.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
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