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Vol Repairs II Inc. v. Knighten

The trial court did not abuse its discretion in limiting cross-examination of the plaintiff regarding his experience as an insurance adjuster pursuant to the collateral-source rule.

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This appeal arises from a suit filed by Tavis L. Knighten against Vol Repairs II, Inc., and Jose Rodriguez collectively “the Defendants”, regarding Defendants’ work on Knighten’s automobile transmission. In Case No. A13A0275, the Defendants appeal, arguing that the trial court erred 1 by denying their motion for directed verdict as to the issue of attorney fees; 2 by denying Vol Repairs’ motion for directed verdict as to breach of implied covenant of good faith; and 3 by barring evidence of Knighten’s background as an insurance adjuster under the collateral source rule. In Case No. A13A0276, Knighten cross-appeals, arguing that the trial court erred by granting a directed verdict to the defendants and disallowing a certain portion of attorney fees pursuant to OCGA § 13-6-11. For the reasons that follow, we reverse in part and affirm in part.

On appeal from a trial court’s rulings on motions for directed verdict and judgment notwithstanding the verdict, we review and resolve the evidence and any doubts or ambiguities in favor of the verdict; directed verdicts and judgments notwithstanding the verdict are not proper unless there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, demands a certain verdict.1

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