3903G. Loss Of Use Of Real Property (Economic Damage)

3903G. Loss of Use of Real Property (Economic Damage) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Insert number, e.g., "7."] The loss of use of [name of plaintiff]'s [insert identification of real property]. To recover damages for the loss of use, [name of plaintiff] must prove [the reasonable cost to rent similar property for the time when [he/she/it] could not use [his/her/its] own property/ [or] the benefits obtained by [name of defendant] because of [his/her/its] wrongful occupation]. [If there is evidence of both, [name of plaintiff] is entitled to the greater of the two amounts.] [Benefits obtained may include [name of defendant]'s profits if they are directly linked to the wrongful occupation.] ________________________________________________________________________________ New September 2003; Revised April 2008