AUTO ACCIDENTS - RECOVERY FOR LOSS OF USE - S & M, LLC D/B/A HUNTSVILLE CAB CO. V. BURCHEL
In S & M, LLC d/b/a Huntsville Cab Co. v. Burchel, [Ms. 2110242, Jun. 8, 2012], __ So. 3d __(Ala. Civ. App. 2012), the Alabama Court of Civil Appeals held that a plaintiff cannot recover for both the total loss of a vehicle and damages for the loss of use of that vehicle, even when that vehicle is a commercial one. If a damaged vehicle is repairable and the owner is deprived of its use during the repairs, only then can the owner recover for loss of use of the vehicle during the period of time it is being repaired.