Roberts v. Pilot Freight Carriers, Inc.

160 S.E.2d 712 (1968)

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Nature of the Case

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Facts

D passed P on a four-lane highway and proceeded to pull back into the nonpassing lane. It turns out that there was a car in the left lane pulling onto the right shoulder of the road. D and P realized what was happening and immediately applied their brakes. At that point, D was about a dump truck length in front of P. The left front of P collided with the right rear wheels of D. The cost of putting P’s truck in A-1 condition would be $1293.47 and to repair the damage was $991.38. According to P, the value of the truck was $2,500 before and $1,000 after the accident. P would lose use of the truck for three weeks to get it repaired. He could have transferred the working parts to another chassis in two days. P tried to rent a truck but was unsuccessful. P’s truck was not repaired. An expert testified that the repairs would have cost $991.38, but the truck exclusive of the dump body was only worth $300. Those parts could have been transferred to another chassis for $75. To purchase a truck body would have cost $1000. Thus, less salvage, it would cost $775 for a new chassis. The jury awarded P $1500 for the truck and $1200 for loss of use. This appeal resulted.