Automobile Appraisal Expert’s Cost Comparison Approach Deemed Reliable

This action arises from the circumstances surrounding Plaintiff Samuel Holmes’ purchase of a limited-production 2023 Dodge Challenger Black Ghost (“Black Ghost”) from Freedom, a Kentucky LLC that sells and services cars in the Commonwealth.

This case involves a mileage dispute over a 2023 Dodge Challenger Black Ghost, a limited-production vehicle only one of 300 produced. The Black Ghost’s mileage in the contract documents stated 11, whereas the mileage upon delivery to Holmes was “24 or 25.” Two weeks after he accepted delivery of the Black Ghost, Holmes attempted to revoke his acceptance.

The extent to which the mileage discrepancy injured Holmes remains in dispute. Holmes asserted claims for breach of contract, intentional infliction of emotional distress, intentional misrepresentation, and conspiracy against Freedom.

Holmes argued that the mileage discrepancy reduces the Black Ghost’s value by $103,813.00. Freedom argued that there is no reduction in value because the mileage is within the range normally expected of a new car. Holmes’ expert determined the amount of loss by subtracting the Black Ghost’s sale price from the average of the 2024 auction prices of three other 2023 Black Ghosts. Freedom’s expert, Roy Theophilus Bent, Jr. used a “Cost Comparison Approach” by searching three online databases and several authorized Dodge dealers to conclude that there was no loss in value.

Holmes filed a motion to preclude defense expert Bent from offering his report and testimony.

Automobile Appraisal Expert Witness

Roy Theophilus Bent, Jr. is an IACP-Certified Auto Appraiser with over 28 years of experience in the insurance industry, specializing in actual cash value, total loss, diminished value, and damage estimating.

His expertise lies in classic cars and custom vehicles, combined with appraisals conducted in accordance with USPAP and Bureau of Certified Auto Appraisers Standards.

Want to know more about the challenges Roy Theophilus Bent has faced? Get the full details with our Challenge Study report.

Discussion by the Court

The Court found that Bent possessed the requisite technical and specialized knowledge to assist the trier of fact in valuing a limited-production vehicle like the 2023 Dodge Challenger Black Ghost. He held an IACP-Certified Auto Appraiser designation, earned through training and testing, and is a J.D. Power and Associates-certified New and Used Passenger Car & Truck Valuation Expert, adhering to the Uniform Standards of Professional Appraisal Practice (USPAP).

Holmes called into question the factual inaccuracies in Bent’s report, arguing that the sales date was misstated, the delivery date was omitted, and the Black Ghost’s fair market value was misrepresented. Notwithstanding these facts, Holmes’ contentions did not adequately call into question the sufficiency of the data Bent relied on. The evidence in the record indicated that Bent’s report was derived from searching three different online databases and consulting with “several” certified Dodge dealers.

Moreover, Bent’s Cost Comparison Approach is a reliable method for determining the amount of loss. Bent’s methodology searched three online databases and several authorized Dodge dealers to conclude that there was no loss in value. This approach, grounded in USPAP and Bureau of Certified Auto Appraisers Standards, aligned with industry practices and reliably applies available sales data to the unique circumstances of a limited-production vehicle.

Finally, Bent’s report did not risk prejudice and confusion. Holmes argued that Bent’s report, which found no loss in value, risked confusing the jury by contradicting the opposing expert’s $103,813 valuation. This objection concerned the weight of Bent’s testimony, not its admissibility.

Holmes also argued that the parole evidence rule prohibits Bent’s testimony. However, Freedom is not trying to contradict or alter the terms of the contract. Rather, the purpose of Bent’s report is to assess the amount of damages caused by the mileage discrepancy.

Held

The Court denied Plaintiff Samuel Holmes’ motion in limine to exclude certain testimony of Defendants’ expert, Roy Theophilus Bent, Jr. 

Key Takeaway:

Given the limited sales information, the Bent report sufficiently analyzed the available data. Bent’s calculations aligned with industry standards, and he reliably applied the sales numbers and data using his Cost Comparison Approach. As such, Bent’s testimony met the requirements of Rule 702.

Case Details:

Case Caption:	Holmes V. Lexington-Cjd, LLC
Docket Number:	5:23cv249
Court Name:	United States District Court for the Eastern District of Kentucky, Central Division
Order Date:	October 27, 2025