Bergeron v. C. Hugh Tarver, Jr. & Associates, Inc.
Also decided on this docket: La. Ct. App. 1st Cir., April 8, 1968 209 So. 2d 68; La. Ct. App. 1st Cir., November 8, 1928 119 So. 881; La., May 15, 1874 26 La. Ann. 424
Bergeron v. C. Hugh Tarver, Jr. & Associates, Inc., 233 So. 2d 704 (La. Ct. App. 1st Cir. 1970).
Cited by
- Farr v. Johnson 308 So. 2d 884 La. Ct. App. 2d Cir. 1975
- Gary v. Allstate Insurance Co. 250 So. 2d 168 La. Ct. App. 1st Cir. 1971
Authorities cited
Identified automatically; this list may not be exhaustive.
- Sherwood v. American Ry. Express Co. 158 La. 43
- Drewes v. Miller 25 So. 2d 820
Opinion text
ON APPLICATION ,FOR REHEARING En Banc. Rehearing denied. MILLER, Judge. I would grant the application for rehearing to hold that plaintiff is entitled to the $770.80 rent paid for six weeks use of a replacement unit. On this issue, we affirmed the trial court’s judgment granting $230.85 for two weeks rental. Plaintiff’s new Pontiac could not be repaired during the six week rental period because the Pontiac Division was on strike and parts were not available. “[Wjhere the damaged vehicle can be and is repaired, the injured party may, in addition to reimbursement for the cost of the repairs, recover the actual expense he has been required to defray resulting from the deprivation of the use of the vehicle during the time the repairs are being made. See Sherwood v. American Railway Express Co., 158 La. 43 , 103 So. 436 .” Drewes v. Miller, 25 So.2d 820 (La.App.Orl.Cir. 1946).