PJC General Negligence 2022

P ROPERTY D AMAGES

PJC 32.3

PJC 32.3

Personal Property Damages—Total Destruction of Property

QUESTION ______ What sum of money, if paid now in cash, would fairly and reasonably com pensate Paul Payne for damages, if any, to his personal property resulting from the occurrence in question? Consider the elements of damages listed below and none other. Consider each element separately. Do not award any sum of money on any element if you have otherwise, under some other element, awarded a sum of money for the same loss. That is, do not compensate twice for the same loss, if any. Do not include interest on any amount of damages you find. Do not reduce the amounts, if any, in your answers because of the negli gence, if any, of Paul Payne . Any recovery will be determined by the court when it applies the law to your answers at the time of judgment. 1. Market value. Consider the market value in Clay County, Texas, of Paul Payne ’s prop erty immediately before the occurrence in question. “Market value” means the amount that would be paid in cash by a will ing buyer who desires to buy, but is not required to buy, to a willing seller who desires to sell, but is under no necessity of selling. Answer in dollars and cents for damages, if any.

Answer: _______________ 2. Loss of use of property.

Consider the reasonable value of the loss of use of the property caused by the occurrence in question during the time reasonably needed to replace the property. Answer in dollars and cents for damages, if any. Answer: _______________

COMMENT When to use. PJC 32.3 submits the measure of direct damages for the total destruction of personal property based on the market value immediately before the

525