Sandy B. Quemado, the driver of the vehicle that damaged Maria D. Aguon’s, conceded that 30 days would have been sufficient to obtain a replacement for it.
Quemado was represented by David Banes, while Aguon’s lawyer was Victorino DLG. Torres.
Aguon asked the court to award her the total value of her vehicle and for loss of use since the time of the accident to the present, or over two years.
Aguon, however, may recover the total value of her vehicle or loss of use of the same vehicle, “but not both,” according to Naraja’s written order.
To avoid granting Aguon “a windfall or a double recovery,” Quemado said the court should exclude all evidence relating to loss of use damages at trial.
In the alternative, Quemado asked the court to limit evidence of loss of use damages to the reasonable period of 30 days necessary for Aguon to have replaced her vehicle.
“The court held that based on the lack of plaintiff’s evidence and the defendant’s recommendation of 30 days, the award should be reduced to 30 days,” Naraja ordered.
The court earlier imposed a 33-day jail sentence on Quemado in connection with a vehicular incident on Aug. 30, 2009.
Quemando was ordered to serve 30 days in prison for reckless driving with bodily injury, and another three days for driving while under the influence of alcohol.
Aguon, the driver of the other vehicle, suffered a cut to her forehead.
