Section 18.42 Personal Property

• Library: Tort Law 2016

C. (§18.42) Personal Property

The general rule for measuring damages to personalty is the difference between the fair market value immediately before and immediately after the event causing the damage. Lewis v. Lawless Homes, Inc., 984 S.W.2d 583, 586 (Mo. App. E.D. 1999); Farer v. Benton, 740 S.W.2d 676, 678 (Mo. App. E.D. 1987).

One of the exceptions to the rule is that the cost of repairs may be used to calculate damages when the property can be completely restored to its former condition at a cost less than its diminution in value. Tull v. Hous. Auth. of City of Columbia...