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12/09/82 CHUCK CALLAHAN FORD v. WILLIAM WATSON

filed: December 9, 1982.

CHUCK CALLAHAN FORD, INC., CONTINENTAL CASUALTY CO., AND PROPERTY DAMAGE APPRAISERS OF INDIANAPOLIS, INC., APPELLANTS-DEFENDANTS,
v.
WILLIAM WATSON, APPELLEE-PLAINTIFF.



APPEAL FROM THE MARION SUPERIOR COURT CIVIL DIVISION, ROOM 5 The Honorable Michael T. Dugan, Judge, Cause No. S578 1493.

Conover, J. Miller, J. concurs. Young, P.j. concurs in result.

Author: Conover

CONOVER, J.

Property Damage Appraisers of Indianapolis, Inc. (PDA) appeals the jury verdict rendered against it in favor of William Watson (Watson).

We affirm.

ISSUES

1. Did the trial court err in granting Watson's Motion in Limine?

2. Did the trial court commit reversible error when it refused to permit PDA to impeach its own witness?

3. Did the trial court err in refusing to give PDA's tendered instruction number one and by giving instructions numbered three, four and ten?

FACTS

On May 22, 1977, the left front fender and tire of Watson's van was hit by a car insured through Continental Casualty Company (CNA). CNA hired PDA to make an estimate of the necessary repairs and cost. PDA's employee made such an estimate and Chuck Callahan Ford, Inc. (Ford) began the repairs. While waiting for steering repair parts to arrive, Watson took possession of the van and used it as transportation to work. On July 9th, the left front wheel came off while Watson was driving.

Watson filed suit against Ford, CNA and PDA. A settlement was reached with Ford prior to trial. The jury returned a verdict in Watson's favor against PDA for $19,000 and against Watson in favor of CNA.

PDA appeals the ...


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