M Civ JI 51.07 Measure of Damages - Damage to Personal Property - Dispute Whether Cost of Repair plus Loss in Value after Repair Is Less Than Difference in Value

… the *(following instructions:

First, there is evidence that the [ description of personal property ] was worth less after it was repaired than it was before it was damaged. You should determine whether this is true and, if so, by how much, and then add the expense of reasonably necessary repairs to that figure.

Second, you should determine the difference between the value of the [ description of personal property ] before it was damaged and its value immediately after it was damaged.

You should then measure plaintiff’s property damage as being the lower figure computed by your use of these two methods.)

Note on Use

*This element is to be inserted in M Civ JI 51.01 when the evidence justifies its use.

See Comment to M Civ JI 51.02 as to the property damage issues applicable to M Civ JI 51.02–51.07.

Comment

When the evidence justifies it, the jury may be instructed that damages may include the amount expended for necessary reasonable repairs and the reduced value of the chattel after the repairs. Moore v Kenockee Twp, 75 Mich 332; 42 NW 944 (1889). If the damage is irreparable, the measure is the difference between the market value before and after the injury. If the damage is not irreparable, the measure of damages is the reasonable costs of such repairs, if such were less than the value of the property. See O’Donnell v Oliver Iron Mining Co, 262 Mich 470; 247 NW 720 (1933); 273 Mich 27; 262 NW 728 (1935); Tillson v Consumers Power Co, 269 Mich 53; 256 NW 801 (1934); Jackson County Road Commissioners v O’Leary, 326 Mich 570; 40 NW2d 729 (1950). No Michigan case has applied both elements of this instruction as part of one instruction. However, the rationale of the cited cases taken together supports the measure of damages as covered by this instruction.

History

M Civ JI 51.07 was SJI 31.07.