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Tabar v. Charlie's Towing Serv.3/24/1994
rizi, Inc. converted Tabar's vehicle when Fabrizi, Inc. wrongfully and unlawfully exercised control and dominion over Tabar's vehicle in violation of her rights of ownership and refused to deliver the vehicle to Tabar upon her demand. Bench Billboard, supra; Hadler Realty, supra. Therefore, the opinion and order of the common pleas court is reversed.
As noted in Brumm, supra, Tabar was entitled to damages equivalent to the reasonable market value of the vehicle converted by Fabrizi, Inc. At trial, Tabar demonstrated Kassloff offered to buy the vehicle for $19,800 and that she accepted his offer. Tabar, thus, presented evidence her vehicle had a fair market value of $19,800. Appellant's assignments of error are, therefore, sustained.
Final judgment is entered for appellant in the amount of $19,800 plus costs of this action.
Judgment reversed.
HARPER, P.J., and JOHN V. CORRIGAN, J., concur.
JOHN V. CORRIGAN, J., retired, of the Eighth Appellate District, sitting by assignment.
_______________________ Footnote:
1 We note the caption of the complaint designated defendant Fabrizi's first name as "Emilio," while the trial transcript spelled Fabrizi's first name "Emilia." |