3903J. Damage To Personal Property (Economic Damage)

3903J. Damage to Personal Property (Economic Damage) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Insert number, e.g., "10."] The harm to [name of plaintiff]'s [item of personal property, e.g., automobile]. To recover damages for harm to personal property, [name of plaintiff] must prove the reduction in the [e.g., automobile]'s value or the reasonable cost of repairing it, whichever is less. [If there is evidence of both, [name of plaintiff] is entitled to the lesser of the two amounts.] [However, if you find that the [e.g., automobile] can be repaired, but after repairs it will be worth less than it was before the harm, the damages are (1) the difference between its value before the harm and its lesser value after the repairs have been made; plus (2) the reasonable cost of making the repairs. The total amount awarded may not exceed the [e.g., automobile]'s value before the harm occurred.] To determine the reduction in value if repairs cannot be made, you must determine the fair market value of the [e.g., automobile] before the harm occurred and then subtract the fair market value immediately after the harm occurred. Fair market value is the highest price that a willing buyer would have paid to a willing seller, assuming: 1. 2. That there is no pressure on either one to buy or sell; and That the buyer and seller are fully informed of the condition and quality of the [e.g., automobile]. ______________________________________________________________________________ New September 2003; Revised December 2011, June 2013, December 2015