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Torts Keyed to Prosser
Hinkle v. Rockville Motor Co., Inc.
Citation:
262 Md. 502, 278 A.2d 42Facts
Donald Hinkle (plaintiff) purchased what he believed to be a new 1969 Ford Galaxie car from Rockville Motor Company, Inc. (“Rockville Motor”) (defendant). While driving home on the day of the sale, Hinkle discovered that the car had over 2,000 miles on its speedometer. He brought the mileage to the attention of Rockville Motor. Hinkle was compensated in the amount of $109.86 in exchanged for a release from any further claims other than those that fell within his new car warranty. Months later, Hinkle also discovered that the car had previously been involved in an accident. Hinkle brought suit against Rockville Motor, seeking $100,000 in damages. At trial, Hinkle offered expert testimony that the car could be returned to a new condition by an expenditure of $800 in repairs. Rockville Motor moved for a directed verdict, which the trial court granted. The court reasoned that Hinkle failed to produce evidence in regard to the car’s actual value at the time of the sale. Therefore, the jury could not determine the existence or amount of damages. Hinkle appealed.
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