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$________ Alleged negligent loss of vehicle - Claimed creation of bailment by issuing estimate for vehicle repairs.

Philadelphia County

The plaintiff alleged that a bailment was created, when he left his vehicle in a lot near the defendant’s auto body repair shop and the defendant agreed to make repairs. The defendant argued that it never took possession of the vehicle and was not responsible for its loss.

The plaintiff’s car was involved in an automobile accident and was towed to a lot near the defendant’s shop. There were also other automobile repair shops in the area. The plaintiff went into the defendant’s business and obtained an estimate for repairs to the vehicle. The plaintiff testified that the defendant’s employee told him that he would begin repair work on the car. However, when the plaintiff returned to pick up his car, the defendant could not produce it. The plaintiff claimed that the value of the car was $________.

The defendant argued that the plaintiff was told that repairs on the car would begin, once the plaintiff paid a deposit. The defense claimed that the plaintiff was absent for a significant period of time and never paid the deposit. The defense argued that it never took possession of the car and was not responsible for it. There was no evidence as to what actually happened to the plaintiff’s vehicle. The defendant also argued that the estimate for repairs to the plaintiff’s car was $________, significantly reducing its value.

The case was tried as a bench trial. The court awarded the plaintiff $________ in damages.

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