WPI 30.11 Measure of Damages—Damage to Personal Property—Repairs or Difference in Value Before ...

Insert this phrase as an element of economic damages in the appropriate damage instruction (WPI 30.01.01, WPI 30.02.01, or WPI 30.03.01) when the evidence justifies its use.

This instruction is to be used when there is an issue as to whether the cost of repairs or the difference in value of the property before and after it is damaged is the lesser amount. When the cost of repairs is admittedly the lesser amount, use WPI 30.13 (Measure of Damages—Damages to Personal Property—Repairs); when the converse is true, use WPI 30.14 (Measure of Damages—Damage to Personal Property—Difference in Value Before and After Damage).

If the claim is for a building or personal property that was completely destroyed and has no salvage value, do not use this instruction. Instead, use WPI 30.15 (Measure of Damages—Damages to Personal Property—Value Before Damage—No Salvage).

This instruction may not be appropriate for damages to real estate or improvements thereon.

RCW 4.56.250(1)(a).

The statute defines economic damages as including both “loss of use of property” and “cost of replacement and repair.” Other traditional methods for measuring property damage may also be considered as “economic damages.” See the Comment accompanying WPI 30.01.02 (Economic Damages—Definition).

In an action to recover damages for a building completely destroyed through negligence, the court held that the “lesser than” rule for measure of damages, comparing reasonable value of repairs against diminution in fair cash value, did not apply. Thompson v. King Feed & Nutrition Serv., Inc., 153 Wn.2d 447, 458–59, 105 P.3d 378 (2005). The court also held that the value of the lost building did not include the value of any uninjured real property that might be attached to the personal property. Thompson, 153 Wn.2d at 459.

For related discussion, see the Note on Use and Comment to WPI 30.10 (Measure of Damages—Damages to Personal Property—Repairs and Depreciation or Difference in Value Before and After Damage).