DAMAGES - EX PARTE S & M, LLC, D/B/A HUNTSVILLE CAB CO.
Ex parte S & M, LLC, d/b/a Huntsville Cab Co., [Ms. 1111210, Dec. 7, 2012] ___ So. 3d ___ (Ala. 2012). The Court overrules Hunt v. Ward, 262 Ala. 379, 79 So. 2d 20 (1955) and subsequent cases, and adopts the rule that damages for loss of use of a commercial vehicle are available whether the commercial vehicle is repaired or is a total loss and must be replaced. The previous rule was that loss-of-use damages were available only if the vehicle is repaired. Now, the reasonable time for replacement of the vehicle by purchasing a new one after a total loss also serves as a measure of loss-of-use damages.