Freightliner of Chattanooga LLC v. Whitmire

The plaintiff's tax returns provided sufficient evidence to enable the jury to determine his lost profits from the defendant's breach of a contract to repair the dump truck plaintiff used in his independent hauling business.

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Mark Whitmire filed suit against Freightliner Chattanooga, LLC for breach of contract and attorney fees claiming that the company made defective repairs to his truck. At trial, the jury awarded Whitmire $89,522 in compensatory damages and $11,000 in attorney fees. Freightliner appeals following the denial of its motions for directed verdict and for new trial, asserting that there was insufficient evidence to support the jury’s verdict. We affirm. In considering Freightliner’s claims on appeal we construe the evidence to uphold the jury’s verdict and determine whether any evidence authorizes the verdict. Fulton County Bd. of Tax Assessors v. Visiting Nurse Health System of Metropolitan Atlanta , 256 Ga. App. 475 2 568 SE2d 798 2002; Bicknell v. Joyce Sportswear Co., 173 Ga. App. 897 1 328 SE2d 564 1985. Viewed in that light, the record shows that Freightliner is an independent heavy truck dealership that sells and repairs heavy trucks. Whitmire is an independent hauler in the trucking business, who operated at various times under the names Mark Whitmire Trucking and AAA Asphalt. In connection with his business, Whitmire owned a 1994 Ford dump truck, which he used for hauling asphalt and other materials. Whitmire purchased the truck in new condition from a Birmingham, Alabama dealership in 1995.

On September 9, 1998, Whitmire’s stepson, Chad Tinker, was driving the dump truck as Whitmire’s employee. As Tinker drove across a train track, he collided with an oncoming train, damaging the truck’s right passenger side. Later that day, the truck was towed to Freightliner’s dealership in Ringgold, Georgia for repairs. Before beginning work, Freightliner prepared an estimate in the amount of $11,468.72. State Farm, Whitmire’s insurance company, authorized payment of almost $11,000 toward the repairs on September 14, 1998.

Freightliner of Chattanooga LLC v. Whitmire

The plaintiff's tax returns provided sufficient evidence to enable the jury to determine his lost profits from the defendant's breach of a contract to repair the dump truck plaintiff used in his independent hauling business.

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