Introduction
Instructions
M Civ JI 51.01 Measure of Damages—Personal Property
M Civ JI 51.02 Measure of Damages—Damage to Personal Property—Cost of Repair Less Than Difference in Value
M Civ JI 51.03 Measure of Damages—Damage to Personal Property—Irreparable Damage with Salvage
M Civ JI 51.04 Measure of Damages—Damage to Personal Property—Irreparable Damage and No Salvage
M Civ JI 51.05 Measure of Damages—Damage to Personal Property—Dispute Whether Cost of Repair is Less Than Difference in Value
M Civ JI 51.06 Measure of Damages—Damage to Personal Property—Cost of Repair with Loss in Value after Repair
M Civ JI 51.07 Measure of Damages—Damage to Personal Property—Dispute Whether Cost of Repair Plus Loss in Value After Repair is
Less Than Difference in Value
The following set of instructions, M Civ JI 51.01–51.07, relates to damages for injury to personal property. These instructions follow the same building block system used for other damage elements, as described in the Introduction to this Section.
If there are claims of damage to personal property, the property element, M Civ JI 50.09, should be inserted in the basic damage instruction, M Civ JI 50.01. After M Civ JI 50.01 has been completed, M Civ JI 51.01 should follow, with the applicable elements from M Civ JI 51.02–51.07 inserted to explain the appropriate method of measuring property damages. If there are elements of property damage which are not covered by M Civ JI 51.02–51.07, but are equally appropriate, they should be inserted in the same way.
History
This Introduction was SJI 31.00. TOP
In this case, plaintiff claims damages to his [description of personal property]. If you decide that plaintiff is entitled to such damages, the amount should be measured by:
[Here insert the appropriate elements for determining the amount of damages, such as: M Civ JI 51.02 Cost of Repair Less Than Difference in Value; M Civ JI 51.03 Irreparable Damage with Salvage]
>Note on Use
If any element of personal property damage and the amount of loss is admitted or established by undisputed evidence, the jury should be so instructed when such item is mentioned in the instruction.
This instruction cannot be given in the form shown. Complete the instruction by inserting the appropriate phrases for determining the amounts of damage from M Civ JI 51.02–51.07. If there are elements which are not covered by these instructions, but are equally appropriate, they should be inserted in the same way.
These instructions would not be appropriate to a claim for damages to a unique chattel, which should be covered by an appropriate specific instruction.
History
M Civ JI 51.01 was SJI 31.01. TOP
… the *(reasonable expense of necessary repairs to the property which was damaged)
>Note on Use
*This element is to be inserted in M Civ JI 51.01 when the evidence justifies its use.
Comment
This instruction is applicable if only the reasonable expense of necessary repairs is claimed and that is less than the difference in value of the property before and after the damage.
If the difference in the value of property before and after it was damaged is less than the reasonable cost of repairs, use M Civ JI 51.03.
If the property was damaged beyond repair and has no salvage value, or if it is doubtful that the property has salvage value, use M Civ JI 51.04.
If there is no claim that the repaired property has depreciated in value and there is an issue whether the cost of repairs or the difference in value of the property before and after it was damaged is the lesser amount, use M Civ JI 51.05.
If the cost of repairs plus depreciation will be less than the difference in value between the damaged and undamaged property, use M Civ JI 51.06.
If there is an issue whether the cost of repairs plus depreciation or the difference in value between the damaged and undamaged property is the lesser amount of loss, use M Civ JI 51.07.
See also Comment to M Civ JI 51.07.
History
M Civ JI 51.02 was SJI 31.02. TOP
… the *(difference between the fair market value immediately before the occurrence and its fair market value after the occurrence)
>Note on Use
*This element is to be inserted in M Civ JI 51.01 when the evidence justifies its use.
This instruction is appropriate only where the property, though destroyed or damaged beyond repair, is still in existence and has salvage value. If the property is not in existence or if it lacks salvage value, M Civ JI 51.04 is appropriate.
Comment
See Comments to M Civ JI 51.02 and 51.07.
History
M Civ JI 51.03 was SJI 31.03. TOP
… *(the fair market value of the property immediately before the occurrence)
>Note on Use
*This element is to be inserted in M Civ JI 51.01 when the evidence justifies its use.
This phrase may be used where the property is damaged beyond repair and has no salvage value and, possibly, where it is doubtful that the property has salvage value.
Comment
See Comments to M Civ JI 51.02 and 51.07.
History
M Civ JI 51.04 was SJI 31.04. TOP
… the *(lesser of the reasonable expense of necessary repairs to the property which was damaged, or the difference between the fair market value of the property immediately before the occurrence and its fair market value immediately after the occurrence)
>Note on Use
*This element is to be inserted in M Civ JI 51.01 when the evidence justifies its use.
This element is to be used when there is an issue 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 M Civ JI 51.02; when the converse is true, use M Civ JI 51.03.
Comment
See Comments to M Civ JI 51.02 and 51.07.
History
M Civ JI 51.05 was SJI 31.05. TOP
… the *(reasonable expense of necessary repairs to the property which was damaged plus the difference between the fair market value of the property immediately before the occurrence and its fair market value after it is repaired)
>Note on Use
*This element is to be inserted in M Civ JI 51.01 when the evidence justifies its use.
Comment
See Comments to M Civ JI 51.02 and 51.07.
History
M Civ JI 51.06 was SJI 31.06. TOP
… the *(following instructions:
First, there is evidence that the [description of personal property] was worth less after it was repaired than it was before it was damaged. You should determine whether this is true and, if so, by how much, and then add the expense of reasonably necessary repairs to that figure.
Second, you should determine the difference between the value of the [description of personal property] before it was damaged and its value immediately after it was damaged.
You should then measure plaintiff’s property damage as being the lower figure computed by your use of these two methods.)
>Note on Use
*This element is to be inserted in M Civ JI 51.01 when the evidence justifies its use.
See Comment to M Civ JI 51.02 as to the property damage issues applicable to M Civ JI 51.02–51.07.
Comment
When the evidence justifies it, the jury may be instructed that damages may include the amount expended for necessary reasonable repairs and the reduced value of the chattel after the repairs. Moore v Kenockee Twp, 75 Mich 332; 42 NW 944 (1889). If the damage is irreparable, the measure is the difference between the market value before and after the injury. If the damage is not irreparable, the measure of damages is the reasonable costs of such repairs, if such were less than the value of the property. See O’Donnell v Oliver Iron Mining Co, 262 Mich 470; 247 NW 720 (1933); 273 Mich 27; 262 NW 728 (1935); Tillson v Consumers Power Co, 269 Mich 53; 256 NW 801 (1934); Jackson County Road Commissioners v O’Leary, 326 Mich 570; 40 NW2d 729 (1950). No Michigan case has applied both elements of this instruction as part of one instruction. However, the rationale of the cited cases taken together supports the measure of damages as covered by this instruction.
History
M Civ JI 51.07 was SJI 31.07. TOP