Martin v. Hare

COZORT, Judge.

Plaintiffs sued for damages to their boat occurring during the defendants’ hauling of the boat from the Ohio River to Lake Norman. The jury awarded $36,500 to the plaintiffs. Defendants appealed, alleging the improper admission of testimony regarding whether the boat was improperly hauled on the trailer, and assigning error to the trial court’s jury instructions on bailment. On cross-appeal, the plaintiffs contend the trial court erred by refusing to give a requested instruction on loss of use damages. For reasons stated below, we find no error. The essential facts follow:

In May…