Romano v. Porsche Club of America, Inc. , 221 F. App'x 898 ( 2007 )


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  •                                                                [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________                     FILED
    U.S. COURT OF APPEALS
    No. 06-14419                   ELEVENTH CIRCUIT
    MAR 29, 2007
    Non-Argument Calendar
    THOMAS K. KAHN
    ________________________
    CLERK
    D.C. Docket No. 03-01829-CV-5-CLS
    JOHN ROMANO,
    Plaintiff-Appellee,
    versus
    PORSCHE CLUB OF AMERICA, INC.,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Alabama
    ________________________
    (March 29, 2007)
    Before TJOFLAT, HULL and COX, Circuit Judges.
    PER CURIAM:
    After a bench trial, the district court entered judgment for John Romano against
    Porsche Club of America, Inc. (“PCA”), Cary C. Collins, and Charles P. Swanson.
    The district court found that PCA, Collins, and Swanson were jointly and severally
    liable for the damages caused when Swanson crashed Romano’s 1970 Porsche 908/3,
    a valuable vintage race car, into a telephone pole. PCA appeals the judgment, arguing
    that it has no liability to Romano. In what he labels a cross-appeal, Romano argues
    that the district court erred in refusing to award him damages for loss of use of the
    vehicle during the time required to repair it.
    We find no reversible error in the district court’s finding of liability. The
    district court did not err in finding that a bailment for hire had been created between
    PCA and Romano when Jon Lowe (on behalf of PCA) and Dale Miller (on behalf of
    Romano) agreed that the Porsche would be displayed at the Dixie Tech 2002 event
    and would be stored in Collins’s garage before and after the event. (R.3-62 at 33.)
    Neither did the court err in finding that the bailment had not been terminated on the
    date of the accident; that Swanson, Secretary of the Heart of Dixie chapter of PCA,
    negligently operated the Porsche; and that Collins, also a Heart of Dixie member,
    negligently allowed Swanson to operate the vehicle. (R.3-62 at 17, 22, 36-37.)
    Because PCA had a duty to exercise reasonable care to safeguard the Porsche, and it
    was negligent in performing that duty, it is liable to Romano. See Southern Garage
    Co. v. Brown, 
    65 So. 400
    , 401 (Ala. 1914).
    2
    Because Romano filed no notice of appeal, we lack jurisdiction to entertain his
    arguments regarding the damages award. Sizzler Family Steak Houses v. Western
    Sizzlin Steak House, Inc., 
    793 F.2d 1529
    , 1541 (11th Cir. 1986) (citing Fed. R. App.
    P. 4(a)(3)).
    AFFIRMED.
    3
    

Document Info

Docket Number: 06-14419

Citation Numbers: 221 F. App'x 898

Judges: Cox, Hull, Per Curiam, Tjoflat

Filed Date: 3/29/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023