Charlie Stuart Oldsmobile, Inc. v. Smith

ON PETITION FOR REHEARING

BUCHANAN, J.

The Petition for Rehearing of Charlie Stuart Oldsmobile, Inc. (Charlie Stuart) challenges our decision in Charlie Stuart Oldsmobile, Inc. v. Smith (1976), 171 Ind. App. 315, 357 N.E.2d 247, on the ground that the evidence of damage to Smith’s car was conflicting and therefore we erred in holding the judgment of Five Thousand ($5,000.00) Dollars was severable.

Our re-examination of the record forces us to recant in part.

We have not altered our earlier position that the award of Five Thousand ($5,000.00) Dollars was beyond the scope of the evidence. Smith…