Charlie Stuart Oldsmobile, Inc. v. Smith

Opinion Concurring in Part, Dissenting in Part

Sullivan, J.

I concur in that portion of the decision which holds that the Court erred in awarding damages for mental anguish. That very error, however, in my view,, compels reversal of the judgment and remand of the cause for a new trial solely with respect to the issue of compensatory damages for injury to personal property.

In the case before us, affirmance of the judgment to the extent of $4,000 presupposes that the' Court below, as 'the trier of fact, believed Plaintiff’s property damage to be precisely in the amount which Plaintiff stated to…