The appellee acquired an Audi 5000S automobile from the appellant under a five-year lease agreement, and during that period the vehicle developed severe engine damage. Alleging that this damage was attributable to faulty maintenance and repair work performed by the appellant, the appellee sued the appellant for monetary relief, contending that it had breached a contractual obligation to her to perform the maintenance and repair work in a competent and proficient manner and, alternatively, that it had breached its obligations under an extended warranty and service contract it had sold to her in connection with the lease. The case was tried before a jury, which awarded the appellee actual damages in the amount of $10,703 under the faulty repair theory, plus expenses of litigation in the amount of $4,500. (The manufacturer of the vehicle, Volkswagen of America, Inc., was also named as a defendant in the action, but the jury returned a verdict in its favor.) The case is before us on appeal from the denial of the appellant’s motion for new trial.
The appellee testified that the vehicle began to manifest a coolant loss problem soon after she took delivery of it in November of 1984. She brought it back for service approximately six months and 6,400 miles later, and the invoice or work order prepared by the appellant in connection with that visit bears the notation “CK FLUID
The appellee testified that a few weeks after the latter service visit, a red warning light came on while she was driving the vehicle, indicating that the engine was overheating. She stated that the light went off after she pulled into a gas station and added coolant, but that it would reappear every month or so thereafter, prompting her to repeat the process of adding coolant. Her next visit to the appellant’s service department occurred in June of 1986, by which time the car had been driven approximately 21,000 miles. Although she could not state positively that she had complained about the coolant loss problem during this visit, she testified: “I’m sure ... I would have complained of the coolant leak because it was a major problem and it continued to do this at all times.” She unquestionably complained about the problem during her next visit to the service department, which occurred approximately four months and 4,000 miles later, and the invoice reveals that a “valve for heat regulation” was replaced in response to that complaint. However, within a few weeks the warning light appeared again. The appellee stated that the light continued to come on every four or five weeks thereafter and that she continued to respond by adding coolant until July of 1987, when the engine died before she could get to the nearest gas station, which was only a quarter to a half mile away. The car, which had been driven approximately 35,000 miles by this time, was towed to the appellant’s service department, where certain major repairs were performed, including replacement of the cylinder head and water pump, at a cost to the appellee of $1,730.
The appellee testified that the car’s engine was sluggish and began making a clicking noise following these latter repairs and that within a few weeks the warning light began coming on again. She testified that when she called the appellant’s service department to complain about these problems she was instructed to bring the vehicle back “whenever you are in the area,” but that due to her frustration concerning the appellant’s previous inability to correct the coolant loss problem, as well as certain other problems with the vehicle, and due also to the fact that the appellant had moved to a less convenient location, she did not bring the vehicle back but simply continued to add coolant when the warning light came on. She stated that the vehicle’s sluggishness and its rate of coolant usage increased over the
1. The appellant contends that it was entitled to a directed verdict because the appellee failed to present any “direct evidence . . . that the materials used or the services performed [in repairing the vehicle] were in any way defective” and also because, “while the evidence indicated appellee’s engine was damaged at some point after July 1987, the engine failure could have been caused by innumerable other factors besides an improper repair. . . .” We are, of course, constrained to uphold the jury’s verdict if there is any evidence to support it. See generally
Scott v. Scott,
2. The appellant alternatively contends that even if there was some evidence to support a finding of liability, there was no competent evidence to support an award of damages in the amount returned by the jury, i.e., $10,703. To establish the amount of her damages, the appellant relied on the testimony of a close friend who had performed routine maintenance on the vehicle and was personally familiar with the repairs performed by the appellant. This witness testified that he had worked as a “technical service representative” for Ford Motor Company some 25 years previously, that this job had involved advising dealers on difficult repair problems as well as teaching classes on “various components of how to repair transmissions or overhaul the engines or all of the different components of the cars,” and that he had performed numerous repairs on automobiles in a non-professional capacity since leaving Ford, including the performance of complete engine overhauls. He stated that the vapor in the exhaust coming from the appellee’s vehicle indicated that water from the cooling system was somehow getting into the engine, that this could occur only
“Whether a witness is qualified to give his opinion as an expert is within the discretion of the trial court, and such discretion will not be disturbed unless manifestly abused. (Cits.)”
Smith v. Hosp. Auth. of Terrell County,
Accepting the high end of the range of estimates offered by this witness as to the cost of repairing the vehicle and adding to that figure the $1,700 the appellee had paid the appellant for the July 1987 repair job, the jury was authorized to conclude that the appellee had sustained actual damages in the amount of $9,700 as the result of the faulty repairs performed by the appellant. While this figure is roughly $1,000 less than the amount of damages awarded by the jury, the jury was instructed that it would be authorized to add prejudgment interest from the date of the alleged breach of the repair contract, a period of approximately two years. See generally OCGA § 13-6-13. In addition, the jury would have been authorized to award damages to the appellee for the “hire on the machine while rendered incapable of being used.”
Padgett v. Williams,
3. The appellant contends that there was no evidentiary basis for the award of litigation expenses. The jury based its award of litigation expenses on an express finding that the appellant had acted in bad faith in connection with the transaction, and the award must be affirmed if there is any evidence to support that finding. See
Harrell v. Gomez,
4. Citing authority to the effect that the correct measure of damages for breach of a contract to repair an automobile is the cost of repairing the vehicle rather than the loss in market value caused by the breach, see
Simmons v. Boros,
Judgment affirmed.
