AMI 2222 Measure of Damages—Damage to Property—General Instruction
Ark. Model Jury Instr., Civil AMI 2222
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 22. Damages
AMI 2222 Measure of Damages—Damage to Property—General Instruction
[If you find for (plaintiff) on the question of liability (against any party [he][she][it] is suing)] [If an interrogatory requires you to assess the damage to the property of (plaintiff)], you must then fix the amount of money which will reasonably and fairly compensate [him][her][it][for the following element of damage][for any of the following elements of damage] sustained [if proximately caused by the (negligence)(fault) of (defendant)(or )]:
[Here insert the element or elements].
Whether [this element][any of these elements] of damage has been proved by the evidence is for you to determine.
NOTE ON USE
This instruction cannot be given in the form shown on this page. It must be completed by selecting the appropriate element or elements of damage from among AMI 2223 through 2229. The clause or clauses so selected should reflect the relevant items of damage and should be inserted between the two paragraphs of this instruction.
When the case is submitted on interrogatories which cover the question of proximate cause, then the final bracketed clause in the first paragraph referring to proximate cause should be omitted. See Chapter 36, Illustrative Sets of Instructions, Part II.
If a personal injury action includes damage to a motor vehicle, use AMI 2201 and 2210.
COMMENT
In a case involving damages to property, the appropriate element of damage from among AMI 2223 through 2229 must be given in the format of this instruction, and it is error for the court to insert its own instruction. Hanna Lumber Co. v. Neff, 265 Ark. 462, 579 S.W.2d 95 (1979).
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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