Metz
Metz v. Soares
Opinion
Opinion
Sims, J.
Plaintiff John Metz collected classic cars, including a 1971 Jaguar XKE. He entrusted it to defendant Louie Soares, doing business as Olympic Tune Up, for repair. Unfortunately, while in defendant’s possession the car was exposed to the elements, ruining the engine and rendering the car a total loss. Although plaintiff accepted a check from defendant’s insurer for over $20,000 in compensation, he believed this amount inadequate. Therefore he sued defendant, alleging damages for loss of use. The evidence tended to show plaintiff had not used the car for several years. A jury found plaintiff had no loss-of-use damages.
Plaintiff contends, among other things, that the trial court erred in instructing the jury: “To recover damages for loss of use, [plaintiff] must prove the number of days of lost use until the time [plaintiff] was paid the replacement value.” According to plaintiff, he was entitled to the reasonable daily rental value of the car regardless of whether he had used it or not.
As we shall explain, we disagree with plaintiff. One who does not use a car is not entitled to damages for loss of use. We shall affirm the judgment.