Myers v. Alfa, [Ms. CL-2024-0010, Oct. 18, 2024] __ So. 3d __ (Ala. Civ. App. 2024). In a 4-0 per curiam opinion (Judge Edwards recuses), the court reverses the Geneva Circuit Court’s judgment on ALFA’s subrogation claim to the extent it awarded damages for loss of use of a private vehicle.
The sole legal question before the court was whether loss of use damages may be awarded where a private vehicle is a total loss. In reversing, the court notes it “remain(s) bound by the preexisting rule prohibiting loss-of-use damages when the irreparable vehicle at issue is privately owned. It is up to the Supreme Court to expand its holding [regarding commercial vehicles] in Ex parte S & M[, LLC, d/b/a Huntsville Cab Co., 120 So. 3d 509 (Ala. 2012)], to cover situations involving those kinds of automobiles, if it so chooses. Because this case involves an irreparably damaged, privately owned vehicle, damages for the loss of its use were not recoverable.” Ms. *7.
Judge Fridy’s special concurrence, joined by Presiding Judge Moore, and Judges Hanson and Lewis, encourages the “Supreme Court to expand its holding [regarding commercial vehicles] in Ex parte S & M, LLC, 120 So. 3d 509, 516 (Ala. 2012), to permit the recovery of loss-of-use damages in cases involving [irreparably damaged] privately owned vehicles.” Ms. *9.