HomeMy WebLinkAbout1967 '~v65~8s IN TH8 G IV IL D~V I5 ION OF
COlA~11Y COURT IN AND FOR
SAIt~1T LUCIB COlRd1Y, FLORIDA
CASB N0. 73-747-SP-O1
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Plaintiff
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) fILEG AN:~ RECOti0E0
TOlU~tY 0' STESN d/ b/ a iT. LUCIE COUMTr FiA.
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icp COUIIT
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38
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After his engine had b1oWn up on the turnpite, the plaintiff took his
automobile to the defendant for repair. He now brings thia case in the County
Court, St. Lucie County, Florida, Che County in which the repair vas perfected
and alleges damages. Until one ~reek ago he was represented by counsel, he
explained to the Court, but Wished to proceed. He stated that after eome
ititial difficulty he proceeded to Maryland and after he reached the northern
state the engine again became inoperative. Notorized statementa by a
mechanic were attempted to be introduced by the plaintiff, however, counael
for the defendant properly objected. Since the cauae of the malfunction of
the engine Was never explained to the Court through proper testimony, the
defendant moved for a directed verdict. 1he Court took the motion under
advisement and the repairman testified. It was admitted that he replaced
the engine in a car belonging to the plaintiff Which had been brought to Che
ahop With a uaed engine. The teetimony revealed that after the engine vas
instal2ed, the transmission would not ehift into its highest gear. The plaintiff
rafused to have further work performed and drove the car to Maryland.
In each and every case the plaintiff has the burdoa of proof. Heither
causation or damages were eatabliahed by competent evidence. T'hough an implied
warranty of fitness may exist, certainly the plaintiff cannot have prevailed
When the cause of action is self inflicted. 1'he defendant's motion for
directed verdict is denied. It is upon
CONSIDERATION, ORDERED and AQNDGEll that the p2aintiff go hence without day
and take nothing by thia cause.
~ ~ E and ORDERSD in Chambers in Fort Pierce, Florida, this ~day of
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,i. ' , A.D., 1973.
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