3903I. Damage To Perennial Crop (Economic Damage)

3903I. Damage to Perennial Crop (Economic Damage) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Insert number, e.g., "9."] The harm to [name of plaintiff]'s crop. [Damages for destruction of [describe perennial crop] are determined as follows. For the time period from the destruction of the crop until the crop can be restored you must: 1. 2. Determine the rental value of the land with the crop; and Subtract from this amount the rental value of the land without the crop.] [Damages for destruction of [describe perennial crop], which can be harvested and sold, are determined as follows: 1. 2. Determine the expected market value of the crop before the harm occurred; and Subtract from this amount the estimated costs of producing and marketing the crop, excluding costs that have already been paid by [name of plaintiff].] [If the [plants/roots/seeds] responsible for producing the crop are destroyed, the measure of damages may also include the costs of [reseeding/replanting].] ________________________________________________________________________________ New September 2003