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AMI 2210 Measure of Damages—Damage to Vehicle

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2210
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 22. Damages
AMI 2210 Measure of Damages—Damage to Vehicle
The difference in the fair market value of [his][her][automobile][truck] immediately before and immediately after the occurrence [plus a reasonable amount for loss of use]. [In determining any difference in market value, you may take into consideration the reasonable cost of repairs.]
NOTE ON USE
This clause is to be inserted between the two paragraphs of AMI 2201 when the evidence justifies its use.
Use the bracketed matter at the end of the first sentence when there is evidence of damages for loss of use.
Use bracketed last sentence only when there is evidence of cost of repairs.
COMMENT
This instruction is based on Ark. Code Ann. § 27-53-401.
Damages for loss of use for a reasonable time are recoverable even though the vehicle is a total loss. Fryar v. Sanders, 301 Ark. 379, 784 S.W.2d 168 (1990).
Testimony of the value of the vehicle before and after the occurrence is sufficient to enable the jury to determine the amount of damages to it. Ishie v. Kelly, 302 Ark. 112, 788 S.W.2d 225 (1990).
Where the vehicle is not a total loss, the difference in fair market value may be established by the reasonable cost of repairing the damaged vehicle. Zhan v. Sherman, 323 Ark. 172, 913 S.W.2d 776 (1996).
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