PJC General Negligence 2022

PJC 32.3

P ROPERTY D AMAGES

occurrence. This is the usual measure for damages for the total destruction of personal property. J&D Towing, LLC v. American Alternative Insurance Corp. , 478 S.W.3d 649, 657, 676 (Tex. 2016). (“As an initial matter, the measure of direct damages is the fair market value of the [personal] property immediately before the injury at the place where the injury occurred.”). It also submits consequential damages for loss of use—a measure of damages that has been approved by the Texas Supreme Court. J&D Tow ing , 478 S.W.3d at 676. (“[W]e now hold that the owner of personal property that has been totally destroyed may recover loss-of-use damages in addition to the fair market value of the property immediately before the injury.”). Total destruction. “Total destruction” can include situations of “total loss,” when “it would not be absolutely impossible to repair [the personal property], but the dam ages are so extensive that repair would not be economically feasible.” J&D Towing , 478 S.W.3d at 657 n.30 (quoting Morrison v. Campbell , 431 S.W.3d 611, 617 (Tex. App.—Fort Worth 2014, no pet.)). Salvage value. If the defendant can show that the plaintiff retained the property and it has salvage value, this value can be subtracted as an offset from its fair market value at the time of the loss. “[T]he liable party may well be entitled to a credit in the amount of the salvage value of the total-loss vehicle if the owner retains the vehicle.” J&D Towing , 478 S.W.3d at 657 n.30; Balderas-Ramirez v. Felder , 537 S.W.3d 625, 630 n.13 (Tex. App.—Austin 2017, pet. denied) (measure of damages is “vehicle’s market value immediately before the collision, less the vehicle’s salvage value if the owner opts to retain it”). Identification of personal property. The words personal property may be replaced by the specific type of personal property at issue, for example, vehicle . Name of county. The county referred to should be the county in which the dam age occurred. J&D Towing , 478 S.W.3d at 657; Thomas v. Oldham , 895 S.W.2d 352, 359 (Tex. 1995). Alternative measures of damages. The purpose of a property damages award is to adequately compensate the injured party. Gilbert Wheeler, Inc. v. Enbridge Pipe lines (E. Tex.), L.P. , 449 S.W.3d 474, 483 (Tex. 2014). If the plaintiff shows that the property has no fair market value, alternative measures of damages may be used. J&D Towing , 478 S.W.3d at 661 (acknowledging that, at times, “the personal property destroyed may lack market value, requiring a different method of determining dam ages”); Wise Electric Cooperative, Inc. v. American Hat Co. , 476 S.W.3d 671, 696 (Tex. App—Fort Worth 2015, no pet.) (“Although negligent damage to personal prop erty is usually measured by the diminishment in the property’s fair market value attrib utable to the negligently-inflicted damage, different factual situations may dictate the application of a different valuation of the damage to the property.”) (citing Pasadena State Bank v. Isaac , 228 S.W.2d 127, 128 (Tex. 1950)).

526