Pickard Chrysler Inc. v. Sizemore9/8/1995
SCHRODER, JUDGE: This is an appeal from a judgment awarding appellee $417,457.55 for damages caused by appellant's negligence in repairing appellee's automobile. After considering appellant's argument, the record and the applicable law, we affirm.
In January of 1992, appellee, Lois Sizemore, purchased a 1987 four-cylinder Pontiac Grand Am from appellant, Pickard Chrysler, Inc. ("Pickard"), along with a service contract on the car. After owning the car for about two weeks, Sizemore began experiencing problems with it. She notified Pickard of the problems and they towed the car to their premises and began working on overhauling the engine, which took about six weeks. On March 26, 1992, Sizemore, along with her ex-husband, one and one-half year old son and a friend of the family, Earl Bowling, arrived to pick up the car at about 4:30 p.m. When Sizemore attempted to start the car to take it home, it would not start. Pickard determined the problem to be the starter, but claimed repairing the starter was not covered by her service contract. After some negotiations, Pickard agreed to fix the starter.
As they left the lot after the starter had been repaired, Bowling drove the Pontiac, and Sizemore sat in the passenger seat, while her ex-husband and son rode in another vehicle. When they reached I-75, Sizemore moved into the car with her ex-husband and child, and Bowling was alone in the Grand Am. According to Bowling, the car ran fine for about forty to fifty miles. At that point, the car backfired and quit when he was going down a hill. When Bowling pulled off to the side of the road, Sizemore and her ex-husband turned around and came back to the Grand Am. The car would not start, so they took the breather off, allowed it to dry and placed it back in the car.
Sizemore then began driving the Grand Am the rest of the way to Hyden. Sizemore testified that for the remainder of the trip, the car was operating sluggishly and missing, although no engine or warning light ever came on. Upon reaching Hyden, Sizemore dropped her ex-husband off at a garage to watch a ballgame. As she was pulling out of the garage, the car backfired three times and burst into flames. According to Sizemore's testimony, the fire immediately spread into the interior of the car. She grabbed her son and exited the car. As she did so, her left foot caught in the door. The car then became totally engulfed in flames and immediately burned up. After the accident, Sizemore received medical treatment for injuries to her knee and back and for a nervous condition.
On November 12, 1992, Sizemore filed the action herein against Pickard alleging that Pickard negligently repaired the car. A trial was held on March 17, 1994, at which time the jury awarded Sizemore $200,000.00 for mental and physical suffering, $13,457.55 for medical expenses, and $200,000.00 for the permanent impairment of her power to earn money. This appeal by Pickard followed.
Pickard first argues that the trial court erroneously permitted Sizemore to introduce evidence regarding her loss of future earnings. Sizemore alleged in her complaint that she received "serious physical injuries, including medical bills, pain and suffering, permanent disfigurement and impairment as well as future medical bills." In response to Pickard's interrogatory regarding specific damages claimed, Sizemore answered: "Medical bills, $14,000.00; pain and suffering $300,000.00; future disfigurement and impairment, $200,000.00; future medical $15,000.00." During discovery, Pickard also requested from Sizemore, "If the Plaintiffs are alleging in their Complaint that they have suffered an impairment of their future ability to earn money, please attach all tax and i
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