AMI 2225 Measure of Damages—Damage to Real Property—Destruction of Improvements
Ark. Model Jury Instr., Civil AMI 2225
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 22. Damages
AMI 2225 Measure of Damages—Damage to Real Property—Destruction of Improvements
The reasonable cost of replacing the (describe property) [, taking into consideration its depreciation,] [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.
COMMENT
This instruction states the measure of damages when the property destroyed can be replaced in substantially the same condition. Bush v. Taylor, 130 Ark. 522, 197 S.W. 1172 (1917). Depreciation is to be considered. Missouri Pac. R. Co. v. Wood, 165 Ark. 240, 263 S.W. 964 (1924).
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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