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Smith v. Reddick

Plaintiff truck driver presented evidence that he did, in fact, attempt to mitigate his damages while the defendant truck repair shop worked on his truck, authorizing the jury's verdict awarding $200K in damages.

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Earnest Reddick, a truck driver, filed suit against Jesse Vernon Smith d/b/a Smith Auto Diesel Repair in connection with repairs Smith performed on Reddick’s 1999 Freightliner truck. After a jury trial, the jury awarded Reddick $200,000 in damages. Smith appeals, and in several enumerations of error, he asserts that the trial court erred in denying his motion for new trial, or in the alternative, motion for remittitur, on the grounds that the verdict was excessive and that the evidence was insufficient to support the verdict.1 Because we find that the trial court did not abuse its discretion in denying this motion, we affirm.

The evidence in this case shows that in February 2005, while hauling a load for his employer, Reddick’s 1999 Freightliner truck broke down near Cordele. Reddick called Smith’s auto repair shop for assistance in towing the truck to the dealership. After a discussion where Smith represented that he was certified to work on Freightliner trucks, the parties agreed that the truck would be towed to Smith’s shop for repairs instead. Once at the shop, Smith’s employee inspected the truck and determined that one of its cylinders needed repair. At trial, the parties disputed whether Smith repaired the second or the third cylinder. Reddick testified that, over his objection, Smith repaired the truck with used parts. Smith billed Reddick $5,911.42 for the repairs. Reddick drove the truck for about sixteen more deliveries, before it broke down on April 27, 2005.

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