AMI 2227 Measure of Damages—Damage to Personal Property

This clause is to be inserted between the two paragraphs of either AMI 2201 or AMI 2222 when the evidence justifies its use. Use the bracketed last sentence only when there is evidence of the cost of repairs.

This instruction states the most common measure of damages for damage to personal property. Nicholas v. Bingamon, 219 Ark. 748, 244 S.W.2d 782 (1952); General Fire Extinguisher Co. v. Beal—Doyle Dry Goods Co., 110 Ark. 49, 160 S.W. 889 (1913). In the first cited case an instruction permitting the jury to consider the cost of repairs was upheld. Evidence of cost of repairs to establish market value may be considered only when other competent evidence of market value is lacking and the cost of repairs evidence is the best available. McDaniel v. Linder, 66 Ark. App. 362, 990 S.W.2d 593 (1999), citing Beggs v. Stalnaker, 237 Ark. 281, 372 S.W.2d 600 (1963).

When the damaged property is not a total loss, the owner is entitled to recover the difference in the fair market value of the property immediately before and immediately after the damage occurred. Minerva Enterprises Inc. v. Howlett, 308 Ark. 291, 824 S.W.2d 377 (1992).

Loss-of-use damages are not recoverable for damage to personal property other than motor vehicles. Southwestern Bell Telephone Co. v. Harris Co. of Fort Smith, 353 Ark. 487, 109 S.W.3d 637 (2003).