French v. Dilleshaw
313 Ga. App. 834
Ga. Ct. App.2012Background
- Dilleshaw owned his own truck and flatbed trailer and worked as an independent contractor for Landstar Ranger, Inc.
- French collided with Dilleshaw’s trailer on June 15, 2009, damaging the trailer and ending Dilleshaw’s ability to haul freight.
- Dilleshaw conducted temporary repairs in Georgia and Michigan, then permanent repairs in South Carolina, leaving him without a usable trailer for several weeks.
- During the period without use of the trailer, Dilleshaw could not earn trucking income and sought lost earnings and attorney fees from French.
- Evidence included seventeen weeks of earnings statements showing weekly gross and net earnings; Dilleshaw relied on an average weekly net earning of $1,594.17 for lost earnings.
- The trial court awarded $5,600 in lost earnings, $1,800 in attorney fees, and $210 in costs; on appeal, it was challenged whether these awards were supported.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports lost earnings award | Dilleshaw’s lost earnings proven by past net earnings and seasonal basis. | Proof not certain enough; expenses and period chosen may be improper. | Affirmed lost earnings; evidence sufficient to fix amount with reasonable certainty. |
| Whether attorney fees were properly awarded | There was a genuine dispute on damages justifying fees under OCGA § 13-6-11. | No bad faith; genuine dispute exists; but fees improper where amount disputed. | Reversed as to attorney fees; no bad faith issue and there was a genuine dispute on the amount. |
Key Cases Cited
- Dossie v. Sherwood, 308 Ga.App. 185 (Ga. App. 2011) (lost earnings may be proven with reasonable certainty)
- Perpall, 105 Ga.App. 685 (Ga. App. 1965) (lost earnings for an injured party; reasonable basis in past earnings)
- Vellines, 14 Ga.App. 674 (Ga. App. 1914) (lost earnings proven with reasonable certainty; not require absolute certainty)
- Mote v. Tomlin, 136 Ga.App. 616 (Ga. App. 1975) (lost earnings proven by past earnings under similar conditions)
- White v. Scott, 284 Ga.App. 87 (Ga. App. 2007) (attorney fees not authorized where no bad faith and genuine dispute exists)