Morris v. Garvey

This case presents a very narrow issue. Briefly the facts are *137that the plaintiff was involved in an accident in which her motor vehicle was severely damaged and ultimately totaled by her insurance company.

From the date the car was determined totaled until the delivery to her of a new vehicle, she rented a vehicle. This claim is for the rental amount during that period. The trial judge found for the plaintiff for her loss of use.

The defendant made the following request for ruling which was denied by the trial justice.

‘As a matter of law, the plaintiff may recover for loss of use as an element…