Harris
Harris v. Dixon Cadillac Co.
Opinion
Opinion
Hastings, J.
This is an appeal from a judgment entered pursuant to a jury verdict awarding to respondent Susan Harris $10,000 in general damages and $45,000 in punitive damages for Dixon Cadillac Company’s 1976 violation of the Automotive Repair Act. (Bus. & Prof. Code, § 9884.9, requiring a written estimate and an authorization prior to repairing an automobile), and its subsequent detention of respondent’s 1972 Cadillac Sedan DeVille.
Appellant does not now dispute the finding that it violated the Automotive Repair Act, but requests reversal because (1) the trial court’s award of general damages was improper, unsupported by sufficient evidence, and excessive as a matter of law; and therefore, (2) the punitive damages award was excessive since it does not bear a reasonable relation to actual damages, and the award was not supported by sufficient evidence.
We affirm the judgment with the modification that the general damages be reduced to $7,500 to offset the return to respondent of her 1972 Cadillac.
The basis of respondent’s action in replevin was the wrongful possession by Dixon Cadillac Company of her 1972 Cadillac after she refused to pay a repair bill which she claimed she…