Section 1 General Measure of Damages

• Library: Damages 2012

The general measure of damages for damage to or destruction of personal property is the difference in fair market value of the property immediately before and immediately after the event causing the damage. This is known as the “diminution in value” test. Carnell v. Dairyman’s Supply Co., 421 S.W.2d 775 (Mo. 1967); Lewis v. Lawless Homes, Inc., 984 S.W.2d 583 (Mo. App. E.D. 1999). For example, one way to determine the measure of damages in an automobile collision case is to calculate the difference in value of the car before and after the collision. If the property cannot be restored to its fair market value before the damage occurred, the measure of damages is the difference in fair market value before the damage and after the repair, plus the cost of repair. Another way to arrive at the same result is to say that the plaintiff is entitled to recover both the cost of repairing the item and the difference in its fair market value before the damage and after the repairs are done. Rook v. John F. Oliver Trucking Co., 556 S.W.2d 200 (Mo. App. E.D. 1977).

“Fair market value,” for purposes of calculating the amount of damage to personal property, “refers to the price the property would bring if sold by a willing seller to a willing buyer...