Home Table of Contents

AMI 2229 Measure of Damages—Damage to Personal Property—Clothing or Personal Effects

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2229
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 22. Damages
AMI 2229 Measure of Damages—Damage to Personal Property—Clothing or Personal Effects
The fair value of any [clothing][personal effects] that was [were][lost][destroyed]. In determining this value you need not try to arrive at its saleable value as secondhand [clothing][property], but you should consider its reasonable value to for [his][her] own use, taking into account [the original cost,][the character of the materials,][the extent to which the clothing had been used and would probably be suitable for future use,] [the reasonable cost of replacement,] and other circumstances which under the evidence would affect its usable value to .
NOTE ON USE
This element is to be inserted between the two paragraphs of either AMI 2201 or AMI 2222 when the evidence justifies its use. Only the bracketed matter that is supported by evidence in the case should be used.
If the loss is of personal effects other than clothing, appropriate changes in the language should be made.
COMMENT
For clothing and personal property held for the use of the plaintiff, rather than for sale, the measure of damages is the value of the property for the plaintiff's use at the time it was damaged, and not its saleable value as second-hand goods. Howard's Laundry and Cleaners v. Brown, 266 Ark. 460, 585 S.W.2d 944 (1979) (quoting Kimball v. Goldman, 117 Ark. 446, 174 S.W. 1185 (1915)). See also Cecil v. Headley, 237 Ark. 400, 373 S.W.2d 136 (1963) (The personal items were a radio, bedsteads, ice box, table, heater, cook stove, phonograph, pants and shirts); Phillips v. Graves, 219 Ark. 806, 245 S.W.2d 394 (1952) (furniture, clothing and other household furnishings). For a somewhat similar rule with respect to property having no demonstrable market value, see St. Louis, I.M. & S. Ry. Co. v. Dague, 118 Ark. 277, 176 S.W. 138 (1915).
When the personal property that has been damaged is clothing, home appliances or other personal items, the measure of damages is the fair value of the personal property. Fair value is determined by the reasonable value to the owner for his own use, which includes considerations of original cost, replacement cost, and the owner's past and future use of the items. Minerva Enterprises Inc. v. Howlett, 308 Ark. 291, 824 S.W.2d 377 (1992).
End of Document