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Corder v. Lively6/29/2005
than finding that the plaintiff failed to mitigate his damages. The plaintiff stated that when he began having trouble with his truck, he parked it and drove a rental car for three weeks at a cost of more than $600.00 because he did not have the money to fix it.
As discussed above, because we find that the damage to the suspension lift block was not caused by this accident, and since his vehicle was "usable," the plaintiff is not entitled to recovery for car rental expenses for loss of use of his truck. That portion of the trial court judgment allowing recovery for car rental is reversed.
CONCLUSION
For the reasons stated above, we affirm those portions of the trial court judgment awarding the plaintiff $2,287.28 in medical expenses and $660.00 in lost wages. We amend to reduce the award for property damages to $43.80. We reverse that portion of the trial court judgment awarding the plaintiff $485.92 in rental expenses for loss of use of the vehicle. The defendants have not attacked the award of $2,500.00 for pain and suffering or $200.00 for expert witness fees. Therefore, the total award to the plaintiff is $5,491.08 plus $200.00 in expert witness fees. Costs in this court are assessed to the defendants.
AFFIRMED IN PART; AMENDED IN PART; REVERSED IN PART AND RENDERED.
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