Hartford Acc. & Indem. v. DIKOMEY MFG., ETC.

409 A.2d 1076
CourtDistrict of Columbia Court of Appeals
DecidedDecember 14, 1979
Docket13421
StatusPublished

This text of 409 A.2d 1076 (Hartford Acc. & Indem. v. DIKOMEY MFG., ETC.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hartford Acc. & Indem. v. DIKOMEY MFG., ETC., 409 A.2d 1076 (D.C. 1979).

Opinion

409 A.2d 1076 (1979)

HARTFORD ACCIDENT AND INDEMNITY CO., Appellant,
v.
DIKOMEY MANUFACTURING JEWELERS, INC., Appellee.

No. 13421.

District of Columbia Court of Appeals.

Argued June 19, 1979.
Decided December 14, 1979.

*1077 Joseph G. Hitselberger, Arlington, Va., for appellant.

Solomon L. Margolis, Washington, D. C., for appellee.

Before KERN, GALLAGHER and NEBEKER, Associate Judges.

GALLAGHER, Associate Judge:

This appeal raises a single issue: whether the trial court, sitting without a jury, properly excluded testimony regarding the value of a diamond ring, missing after bailment by the owner. Appellant Hartford Accident and Indemnity Co. (Hartford) presented two value witnesses at trial, a gemmologist and the ring owner, to establish damages caused by the alleged breach of bailment contract. The trial court struck both valuations as incompetent evidence, and then dismissed on the basis of Hartford's failure to prove the ring's value. We conclude the trial court committed error in so ruling.

I

The owner, Mrs. Coplan, brought her engagement ring to Gemini Jeweler's Inc. (Gemini) for appraisal and resizing. While she watched, the store manager placed the ring in an envelope which was then sealed. Later that week, the envelope was picked up by a messenger and brought to Dikomey Manufacturing Jeweler's, Inc. (Dikomey) for the actual work. As a small retail store Gemini did not have the capacity to perform appraisal and resizing, and routinely "farmed out" such work to Dikomey and others. On this occasion, however, the ring was never seen again.

An insurer of Gemini, Hartford promptly settled the ring owner's claim for $6,500. Hartford then sought recovery from Dikomey who, it alleged, was primarily liable for the loss. At trial, Hartford and Dikomey *1078 offered conflicting accounts of the ring's disappearance. Dikomey claimed the ring was never received, and the envelope was empty upon arrival. The store manager of Gemini testified for appellant that she handed a sealed envelope containing the ring to Dikomey's messenger on January 10, 1974. On January 16, when she went to Dikomey to pick up several other items she was notified that Mrs. Coplan's ring had never arrived.

Counsel for Dikomey contended in opening argument "the case, if it gets to that point, will fail on the damage issue." At the close of the case, the trial court later granted "defendant's motion for dismissal on the basis that plaintiff failed to provide any competent evidence of value of the lost diamond."[1]

In order to resolve the issue raised, we must briefly review the valuation evidence presented at trial. Mrs. Coplan, as owner of the ring, testified that the missing gem was a 1.65 carat, round, perfect quality diamond, purchased twenty years before. When asked to value her engagement ring on direct, Mrs. Coplan stated $7,500. On cross-examination Mrs. Coplan admitted that her opinion as to value was based solely on expressions of value given her by others. However, she reiterated on redirect, "with the advice of gemmologists, the appraisals I got, I would not have sold the ring for less than that."

Mr. Gardner, the proprietor of Gemini, testified that he had seen the "Coplan diamond" in December 1973 when Mrs. Coplan brought the ring in to be reset. He described the stone as "a round, brilliant cut diamond, of an approximate two carats."

Mr. Charles Whiteley, a jewelry store owner with training as a gem appraiser, valued the stone at $7,500, based on his knowledge of the market in March 1974, and on the description he was given.

Mr. William White, president of Dikomey and a qualified gemmologist, testified that he obtained a stone from New York for Mr. Gardner based on Mrs. Coplan's description, to be offered as a replacement.[2] Mr. White valued the replacement diamond at $4,200. As a registered gemmologist, Mr. White stated that he would never give an appraisal of a gem unless he had personally examined it.

In a memorandum opinion and order the trial court struck Mrs. Coplan's and Mr. Whiteley's valuation testimony, as improperly based on hearsay. Mrs. Coplan's opinion had no independent basis, in the court's view, since she relied on Mr. Whiteley's appraisal. Similarly, the trial court identified the fatal flaw in Mr. Whiteley's testimony as his reliance on the description in Mrs. Coplan's insurance policy, an out-of-court statement by another, in formulating his opinion. In the absence of a showing by appellant that gemmologists regularly rely on descriptions supplied by other gemmologists in appraising diamonds, the trial court concluded that Mr. Whiteley's opinion of value must be stricken.

II

A. In determining the qualification of a witness to testify as to value, courts usually look to three factors: (1) experiential capacity, (2) knowledge of the standard of value, and (3) knowledge of the object to be valued. 3 Wigmore, Evidence § 711 at 43 (Chadbourn Rev.1970). Owners of personal *1079 property, however, have long been accorded special status as value witnesses in this jurisdiction; as a general rule, the owner's valuation of his property is admissible without qualification other than ownership. "[T]he owner of an article, whether or not he is generally familiar with the value of like articles, may testify as to his estimate of the value of his own property."[3]Yonan Rug Service, Inc. v. United Services Automobile Association, D.C.Mun.App., 69 A.2d 62, 63 (1949). See also Manning v. Lamb, D.C.Mun.App., 89 A.2d 882, 884 (1952); Walsh v. Schafer, D.C.Mun.App., 61 A.2d 716 (1948). Thus, what the owner lacks in general familiarity with values is more than balanced by his knowledge of the article itself.[4] The owner's "Lack of general knowledge of value goes to the weight of the testimony and not to its competency." Yonan, supra, at 64. See also Glennon v. Traveler's Indemnity Co., D.C.Mun.App., 91 A.2d 210, 211 (1952). We have stated that the rule applies to owners of any article of personal property, including jewelry. Glennon, supra, at 211, 37 A.L.R.2d 964 (1954) (ownership of diamond ring entitled plaintiff to give her estimate of value).

At trial, the court properly allowed Mrs. Coplan to express an opinion upon the ring's value over appellee's objection to the lack of foundation. Generally, "[m]arket value is not a question of science and skill upon which experts alone may give an opinion." Rogers, The Law of Expert Testimony § 26, at 34 (3d ed. 1941). An owner need not prove "cultivation of the judgment by special experience . . . before [he] can be permitted to form and express an opinion on values." 3 Wigmore, supra, § 712 at 44. However, where special expertise or experience is required to estimate value, mere ownership will not establish adequate knowledge of the value standard. See, e. g., Yonan Rug Service, supra. Although some jurisdictions hold that valuation of jewelry requires special experience,[5]

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