Section 6 Cost-of-Repairs Exception—An Alternative Measure

• Library: Damages 2012

The cost-of-repairs or cost-of-restoration test is used as an exception to the general rule for measuring damage to real property. See:

Tull v. Hous. Auth. of City of Columbia, 691 S.W.2d 940, 942 (Mo. App. W.D. 1985) Casada v. Hamby Excavating Co.,575 S.W.2d 851, 858 (Mo. App. S.D. 1978) Stamm v. Reuter, 432 S.W.2d 784, 786 (Mo. App. E.D. 1968), superseded by rule on other grounds as stated inPace Props., Inc. v. Am. Mfrs. Mut. Ins. Co., 918 S.W.2d 883, 887 (Mo. App. E.D. 1996)

The cost-of-repair test applies when the amount of damage is insignificant as compared to the value of the property as a whole and involves only a part of the property. See:

Gulf, M. & O. R. Co. v. Smith-Brennan Pile Co., 223 S.W.2d 100, 104 (Mo. App. E.D. 1949)

Tull,691 S.W.2d at 942

DeArmon v. City of St. Louis, 525 S.W.2d 795, 800 (Mo. App. E.D. 1975)

Sheridan v. Sunset Pools of St. Louis, Inc., 750 S.W.2d 639, 641 (Mo. App. E.D. 1988) (damage to swimming pool)

Submission of a case to the jury on the theory of cost of repairs without a showing that the damage was comparatively insignificant considering the total value of the real property has been held improper. DeLong v. Broadston, 272 S.W.2d 493, 497 (Mo. App. W.D. 1954). In Sheridan,750 S.W.2d at 642, the appellate court reversed and remanded because the trial court did not first require a showing that the cost of repairs was a small percentage of the diminution of the property’s value. The court in Flora v. Amega MobileHome Sales, Inc., 958 S.W.2d 322, 324...