Clementine Newman vs. Allstate Insurance Co.

Automobile owner sued body shop and her insurance company for alleged faulty repairs to vehicle after it was involved in a collision. The body shop repaired what the insurance company authorized, but owner initially claimed other damages which the insurance company and body shop determined were not a result of the collision. During attempts to resolve the dispute, body shop was willing to repair anything authorized by the insurance company, but requested the owner to pay the deductible and retrieve her automobile from their facility. Owner refused to take the automobile, and the body shop, after notification to her, started charging storage charges. In the suit that was initially tried in general sessions court, then de novo in the circuit court, owner sought to recover storage charges paid an additional award for other damage to her vehicle and for relief under the Tennessee Consumer Protection Act. The trial court awarded owner a judgment against the insurance company for additional damages and denied her claims under the Tennessee Consumer Protection Act and for repayment of the storage charges. Owner has appealed.