Junior Member, warming up (<31 posts)
Join Date: Nov 2011
Location: Fort Worth, TX
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The Jury's Decision
Here are the questions asked of the jury and their decisions.
Q1) Did Oscar Johns and Autobahn enter into a bailment contract? (bailment is when you deliver personal property to someone for a specific purpose, after which they return the property back to you)
Q2) Did the negligence, if any, of Aaron Skates proximately cause the accident in question?
The defense admitted that Aaron wrecked the car, but because he pushed the M button, he was no longer acting within the scope of his work and that Autobahn was not responsible for his actions.
Q3) Was the failure, if any, of Autobahn to comply with a warranty a producing cause of damages to Oscar Johns?
"Failure to comply with a warranty" means failing to perform services in a good an workmanlike manner.
"Producing cause" means a cause that was a substantial factor in bringing about the damages, if any, and without which the damages would not have occurred.
Q4) At the time of the accident in question, was Aaron Skates acting in the scope of his employment with Autobahn?
Q5A) Cost of repairs
This was a little lower than the two estimates that the prosecution provided, but higher than the one that the defense provided.
Q5B) Loss of use of vehicle
This was considerably less than the cost of renting an M5 for 16 months.
Q5C) Decrease in market value after repairs.
Q5D) Difference in market value without repairs.
Q5E) Reasonable value of time spent, if any, by Oscar Johns correcting or attempting to correct the breach of warranty, if any.
Q6) Did Autobahn prove that a reasonably prudent person would not consider it economically feasible to repair the 2007 BMW M5 automobile?
This was the answer that the prosecution asked for, which means that a reasonably prudent person WOULD consider the car economically feasible to repair. The defense asked they jury for a "Yes", even though their own witnesses testified that the car could be economically repaired.
Q7) What is a reasonable fee for the necessary services of Oscar John's attorney, stated in dollars and cents?
Q7A) For representation in the trial court.
This was less than what was asked for.
The other 4 parts to this question were about representation fees in the court of appeals and Supreme Court of Texas, if it comes to that. The answers were all lower than what was asked for.
Remember, these are the jury's answer's. The court will decide the final damages, which will probably be very close and may happen by the end of this November.
As it stands, Tommy gets to keep the car and will be awarded $59,641.05. The prosecution's firm gets $100,000.00, which sounds high, but after learning of all the work that Lisa (and associates) put into this case over the past 15 months, I believe is actually too low.
Sorry for not replying earlier. Between the tension of waiting for the jury's decision and having a celebratory drink on an empty stomach, I was not feeling well.