Hoover v. Garrison
Docket: 5-3657
Court: Supreme Court of Arkansas; November 1, 1965; Arkansas; State Supreme Court
Paul Hoover, a minor, was involved in a car accident while driving his father's vehicle, colliding with a car owned by Cecil Garrison on May 17, 1963. Following the incident, Garrison's attorney notified James Hoover of damages amounting to $115.00, but no settlement was offered. Garrison subsequently filed a lawsuit on March 3, 1964, claiming damages of $150.00, invoking Ark. Stat. Ann. 75-918, which stipulates that if a defendant fails to pay a property damage claim within 60 days of notice, they may be liable for double damages and attorney’s fees. The case went to trial, and the jury awarded Garrison $150.00 in damages. The court applied the statute, imposing an additional $150.00 as a penalty and a $150.00 attorney’s fee. On appeal, the Hoovers acknowledged the jury's verdict was supported by evidence but contended that the trial court incorrectly enforced the statute by imposing the additional penalties. The court found no error in applying the statute, stating that the required notice was provided, and the jury's award matched the amount claimed in the lawsuit. The difference between the pre-suit damage claim and the lawsuit amount was only $35.00, which did not constitute misleading behavior. The court also noted that informing the jury about the statute did not prejudice the Hoovers. Consequently, the original judgment was affirmed.