Neton v Ywelelong [1971] TTLawRp 4; 5 TTR 300 (27 January 1971)

5 TTR 300

TITUS NETON, Appellant

v.

ROY YWELELONG, Appellee

Civil Action No. 572

Trial Division of the High Court

Truk District

January 27, 1971

Appeal from judgment awarding damages for property loss resulting from an automobile collision. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that plaintiffs award for damages was proper and that plaintiff's theory of recovery, that he should recover all purchase costs and that upon payment the plaintiff would be entitled to the auto, was not in accord With the common law.

Judgment affirmed.

1. Motor Vehicles-Damages-Law Governing

Liability for damages arising out of an automobile accident is not covered by local custom in Micronesia and is governed by common law.

2. Motor Vehicles-Damages-Commercial Vehicles

Where the injury done to a commercial vehicle by another's negligent or other wrongful act can reasonably be repaired, the basic rule for compensatory damages is the difference between the market value of the - vehicle immediately before and immediately after the injury or the reasonable cost of the repairs required to restore it to the condition it was in immediately prior to the injury.

3. Motor Vehicles-Damages-Generally.

The wrongdoer in an automobile accident is not obliged to repair the damaged vehicle nor to pay its original cost; his only obligation is to pay the plaintiff owner the amount of his loss.

4. Motor Vehicles – Damages – Generally

The amount of damage to an auto resulting from an auto resulting from an automobile accident is the difference between the value of it immediately before the accident, rather than the cost new, and the value immediately before the accident is reduced by the salvage value of the wreck.

5. Motor Vehicles – Damages – Generally

If the vehicle involved in an accident is destroyed beyond repair, that is the repairs would exceed the cost of a replacement, even then the value immediately before the accident is reduced by the salvage value of the wreck.

6. Motor Vehicle – Damages – Loss of Use

Loss of use of an auto involved in an accident, if proven, is recoverable for the period reasonably required for repairs.

7. Motor Vehicle cannot be restored to use,

Loss of use may not be included in the damages recoverable as a result of an accident.