Terrell v. Tschirn

In March 1988, Darryl Tschirn Jr. (plaintiff) received a new Chevrolet Camaro as a gift. According to the sales receipt, the car cost about $22,490. Tschirn installed new tires of unknown value and a new stereo unit at a cost of $600. In July 1989, the Camaro was stolen. In August 1990, police found the car partially dismantled in the possession of Carl Terrell (defendant). Terrell owned a used-car and auto-salvage business. Tschirn sued Terrell for various torts, including conversion. At trial, Tschirn produced evidence of the Camaro’s initial sale price and made general statements about his care of the car but did not otherwise produce evidence of the car’s mileage or value at the time of theft. Terrell testified at trial that he did not ask for title or proof of ownership when he was buying a car for salvage and that he had been looking for parts for Camaros. A man with whom Terrell had done business on several occasions knew of Terrell’s no-questions-asked policy and that Terrell wanted Camaro parts. The man had brought Tschirn’s Camaro to Terrell, and Terrell had accepted the car without question. According to Terrell, when the Camaro was brought to him, it had no mechanical parts, motor, or doors. On cross-examination, Terrell refused to provide a hypothetical value for an operational 14-month-old Camaro because he stated that he would need to see the car and its condition. The jury found in favor of Tschirn and awarded him $14,500 in damages. Terrell appealed.