Haire v. Suburban Auto Body, Inc.

Sognier, Chief Judge.

Scott Haire brought an action against Suburban Auto Body, Inc. (Suburban) to recover his car, which had been retained by Suburban pending satisfaction of a repair bill pursuant to OCGA § 40-3-54. Suburban answered, asserting defenses of failure to state a claim, unjust enrichment, and laches. A jury returned a verdict in favor of Suburban for $5,064 but granted possession of the car to Haire “upon payment.” Haire appeals from the judgment entered thereon.

The evidence at trial showed that appellant brought the car to appellee in October 1989 after it had sustained damage…