Taylor v. Bennett Chevrolet/Buick Inc.

Donna and James Taylor brought suit against Bennett Chevrolet/Buick, Inc., alleging several theories of recovery, including that Bennett had defrauded them when it sold them a wrecked Chevrolet Camaro as new.1 The first trial of the case resulted in a verdict for the Taylors in the amount of $100,000, but the Taylors consented to Bennett’s motion for a new trial, which the trial court granted. When the case was tried a second time, the case was submitted to the jury on special interrogatories, resulting in a defense verdict. The Taylors’ motion for new trial was denied, and this appeal ensued. The Taylors raise three enumerations of error, contending that the trial court abused its discretion on an evidentiary matter and erred in its jury charge and in its modification of the special verdict form. We find no error and affirm.

1. The Taylors first complain of the trial court’s exclusion of the testimony of one witness, which was propounded as evidence of a similar transaction. The Taylors sought to introduce the testimony of four witnesses who either had experienced similar difficulties with Bennett, or were former employees aware of fraudulent practices. Bennett filed a motion in limine seeking to exclude all “similar transaction” evidence.