Jamie DeAngelo v. Melissa Ann Scott (2010)

MEMORANDUM OF DECISION

The plaintiff has commenced this action seeking to recover from the defendant in the First and Second Counts of the complaint for the loss of the value of a motorcycle and a pick up truck.

Plaintiff alleges he was cohabiting with the defendant from approximately April 22, 2009 until November 2009.   During that period he purchased a 1999 Harley Davidson motorcycle and a 1997 GMC Sierra pick up truck.   He further claims he paid the full purchase price and paid all insurance premiums for each vehicle.   The motorcycle cost $5,999.00, and the pick up truck cost $5,096.00.

The evidence at a hearing in damages, after a default for failure to plead by the defendant, has established that on or about November 17, 2009, when their relationship terminated, the defendant took possession of each of the vehicles.   The plaintiff contends the defendant had improperly registered the vehicles in her own name and has refused to return them to the plaintiff.   Although the defendant claims plaintiff had given her the vehicles this court does not find that plaintiff had intended to convey the gift of the vehicles to the defendant.

As a result of the conversion of the vehicles the motorcycle had a value of $4,000.00, and the pick-up truck had a value of $3,500.00.

Judgment is therefore entered for the plaintiff for $7,500.00.

Howard F. Zoarski

Judge Trial Referee

Zoarski, Howard F., J.T.R.