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AMI 2228 Measure of Damages—Damage to Personal Property—No Salvage

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2228
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 22. Damages
AMI 2228 Measure of Damages—Damage to Personal Property—No Salvage
The fair market value of [his][her](describe property) immediately before the occurrence.
NOTE ON USE
This clause is to be inserted between the two paragraphs of either AMI 2201 or AMI 2222.
COMMENT
It is error to give this instruction in the absence of proof of fair market value. Bank of Cabot v. Ray, 279 Ark. 92, 648 S.W.2d 800 (1983).
When there is a total loss of property with no salvage value or no possibility of repair, the owner is entitled to recover the fair market value of the property immediately before the loss occurred. Minerva Enterprises Inc. v. Howlett, 308 Ark. 291, 824 S.W.2d 377 (1992).
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