Spreacker v. Vaughn

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• permitting recovery of a diminution in market value of a truck and loss of use damages, but not dealing with real property
• discussing lower court decisions \on the availability of loss-of-use damages in total-destruction cases” and observing that \most courts of appeals to consider this question have held that loss-of-use damages are unavailable”
• following extensive analysis of jurisprudential history and policy, holding “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”
• “Although mathematical exactness is not required, the evidence offered must rise above the level of pure conjecture.”
• measure of direct damages when property totally destroyed is the fair market value of the property immediately before the injury at the place where the injury occurred
• “[T]he owner of personal property that has been totally destroyed may recover loss-of-use damages.”

Source: CourtListener parenthetical corpus (CC0).