Smith v. Reddick.
319 Ga. App. 269
Ga. Ct. App.2012Background
- Reddick sued Smith for damages after Smith repaired Reddick’s 1999 Freightliner, using a jury trial that awarded $200,000 to Reddick.
- Reddick’s truck broke down February 2005; Smith towed it to his shop and allegedly repaired a cylinder with used parts.
- The truck later failed again due to a defective third cylinder; Freightliner dealer estimated $31,170.30 to repair.
- Smith allegedly denied repairing the third cylinder; Smith claimed only the second cylinder was repaired; Smith’s employee contradicted him.
- Reddick incurred towing and storage costs and suffered lost earnings due to being unable to operate as an independent contractor for 32 months before trial.
- Smith moved for new trial or remittitur; the trial court denied; on appeal, Smith argues the verdict is excessive and unsupported by the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the verdict was excessive | Reddick | Smith | No abuse of discretion; verdict not flagrantly excessive |
| Whether there was sufficient evidence of lost earnings damages | Reddick proved lost earnings with past average earnings and mitigating evidence | Smith argues insufficient documented proof and insufficient certainty | Evidence supported lost earnings; adequate under liberal proof for independent contractors |
| Whether the trial court properly denied the motion for new trial/remittitur | Reddick | Smith | No abuse of discretion; damages supported by the record |
| Whether Reddick had a duty to mitigate and whether mitigation was properly considered | Reddick attempted alternative employment; damages reduced by mitigation | Smith contends mitigation was inadequate or ignored | Mitigation issues a matter for the jury; court did not err in failure to address instruction omission |
Key Cases Cited
- Dossie v. Sherwood, 308 Ga. App. 185 (2011) (lost earnings damages for independent contractor who cannot work)
- The Kroger Co. v. Perpall, 105 Ga. App. 682 (1962) (lost earnings for damage to property)
- Young v. Ga. Agricultural Exposition Auth., 318 Ga. App. 244 (2012) (weight and credibility for lost earnings evidence; mitigation context)
- Gipson v. Phillips, 232 Ga. App. 235 (1998) (testimony on earnings sufficient to determine probable lost profits)
- Zieve v. Hairston, 266 Ga. App. 753 (2004) (lost earnings framework; independent contractor context)
- French u. Dilleshaw, 313 Ga. App. 834 (2012) (independent truck driver entitled to lost earnings)