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AMI 2224 Measure of Damages—Damage to Real Property—Temporary or repairable

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2224
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 22. Damages
AMI 2224 Measure of Damages—Damage to Real Property—Temporary or repairable
The reasonable expense of necessary repairs to any property which was damaged [plus compensation for any loss of its (rental)(usable) value during the time that (plaintiff) was deprived of its use].
NOTE ON USE
This clause is to be inserted between the two paragraphs of AMI 2222 when the evidence justifies its use. The bracketed reference to usable value should be used when the damaged portion of the property does not have a separate, ascertainable rental value, as, for example, a fence.
COMMENT
This instruction embodies the usual measure of damages for a temporary injury to land. Benton Gravel Co. v. Wright, 206 Ark. 930, 175 S.W.2d 208 (1943) (damage to a house); Ross & Ross v. St. Louis, I.M. & S. Ry. Co., 120 Ark. 264, 179 S.W. 353 (1915) (damage to a pool used in the operation of a gin); St. Louis & S.F. Ry. Co. v. Jones, 59 Ark. 105, 26 S.W. 595 (1894) (destruction of a meadow, which had to be reseeded).
The question whether the damage is temporary or permanent may be submitted to the jury, or the court may decide the issue as a matter of law. Felton Oil Co. v. Gee, 357 Ark. 421, 182 S.W.3d 72 (2004); State v. Diamond Lakes Oil Co., 347 Ark. 618, 66 S.W.3d 613 (2002). For the correct procedure when there is a jury question whether the damage is temporary or permanent, see Comment to AMI 2223.
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