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Clay v. Washington

Court of Appeals of Louisiana, Second Circuit

January 11, 2017

BOBBIE CLAY Plaintiff-Appellant
v.
JEFFERIA WASHINGTON AND QUANOLSHAY SCOTT Defendant-Appellee

         Appealed from the Monroe City Court for the Parish of Ouachita, Louisiana Trial Court No. 2015CV03931 Honorable Aisha S. Clark, Judge

          GEORGE W. BRITTON, III Counsel for Appellant.

          JEFFERIA KEYS WASHINGTON QUANOLSHAY SCOTT In Proper Person Appellees.

          Before WILLIAMS, DREW and PITMAN, JJ.

          DREW J.

         On November 19, 2015, Bobby Clay was backing her Jeep Liberty from her driveway, when she collided with a 2003 Mercury Grand Marquis which was owned by Jefferia Washington, but was being driven on the roadway by her goddaughter, "Shay" Scott.

         Clay took responsibility for the wreck, wanting to avoid making a claim against her insurance company. She told Scott that she would pay the damages she caused to the Mercury, which were confined to an area around the rear passenger-side door. Scott agreed and Clay proceeded to church. The three ladies gathered together that evening and reconfirmed the deal.

         The next day, a repair estimate was rendered in the amount of $2, 061.32, which seemed extremely high to Clay. Nonetheless, within three days of the accident, Clay had paid the repair estimate in full, to end the controversy.

         Clay later filed a lawsuit against Washington and Scott, alleging "false estimate charges and fraud." In turn, Washington filed a counterclaim, alleging that Clay had defamed, harassed and stalked her. A trial was held in Monroe City Court, with all three parties appearing without counsel.[1] The trial court dismissed all claims, expressing credibility problem with Clay. Only Clay appeals. We affirm.

         Clay testified that when she went to the repair shop to pay for the damage to Washington's vehicle, she had misgivings that she was being charged for preexisting damages. Nonetheless, she paid the entire amount, because she was frustrated and "wanted to get it over with."

         The repair estimate was made by Joseph Sanchez, a certified insurance appraiser. The estimate appears to include some preexisting damage.

         At this point, the inquiry becomes confusing, because Jack Whit, the actual repairman, testified that he did not charge any fee for those older damages.

         There is nothing in the record to indicate that Washington or Scott misrepresented or suppressed the truth with the intention either to obtain an unjust advantage or to cause a loss or inconvenience to Clay. Nor does this record support a finding that Washington ...


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