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Keywords

tortplaintiffdefendantdamagesnegligence
tortplaintiffdefendantdamagesnegligenceliability

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Bartlett v. Garrett, 130 N.J.Super. 193, 325 A.2d 866

Facts

In December 1973, the plaintiff's parked automobile was struck by the defendant's vehicle, leading to a total loss of the car. The cost of repairs exceeded the car's fair market value, and both parties agreed on this point. The plaintiff sought damages for towing, rental expenses, and storage costs, while the defendant contested the rental and storage amounts.

In December 1973 plaintiff's automobile was struck while parked. Defendant, the driver of the car that struck plaintiff's vehicle, admitted liability and the case comes before the court solely for the purpose of assessing damages.

Issue

Whether the plaintiff is entitled to recover rental expenses for a substitute vehicle and the appropriate amount for storage costs following the total loss of her automobile.

Whether the plaintiff is entitled to recover rental expenses for a substitute vehicle and the appropriate amount for storage costs following the total loss of her automobile.

Rule

A plaintiff in a tort action is entitled to recover damages for provable economic loss caused by the negligence of another, including reasonable loss-of-use damages, regardless of whether the property damage is partial or total.

A plaintiff in a tort action is entitled to recover in damages for provable personal injury, property damage and economic loss proximately caused by the negligence of another.

Analysis

The court found that the plaintiff had established her need for a substitute vehicle during the 2.5-week period it took to procure a replacement. Given her circumstances as an elderly woman in a rural area without public transportation, the court deemed the rental expenses reasonable. However, the court limited the storage expenses to a reasonable amount, as the plaintiff had delayed in disposing of the damaged vehicle.

In the case at bar plaintiff established both her Need for a car during the 2 1/2-week period between the date of the accident and the date on which a replacement vehicle was purchased, and the Reasonableness of this period.

Conclusion

The court awarded the plaintiff a total of $693.55, which included the fair market value of the car minus salvage, towing expenses, and reasonable rental costs, while limiting storage expenses.

Judgment is hereby entered in favor of the plaintiff and against defendant Garrett only in the sum of $693.55 plus out-of-pocket costs.

Who won?

The plaintiff prevailed in the case, as the court recognized her need for a rental vehicle and awarded her damages accordingly, while also limiting excessive storage claims.

Judgment for plaintiff in sum of $693.55.

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