PJC General Negligence 2022

N UISANCE

PJC 12.5

PJC 12.5

Damages from Permanent Nuisance

QUESTION ______ [Following a court determination that the nuisance was permanent.] What sum of money, if paid now in cash, would fairly and reasonably com pensate Paul Payne for the injury proximately caused by the permanent nui sance? Consider the elements of damages listed below and none other. Consider each element separately. Do not reduce the amounts, if any, in your answers because of the negligence, if any, of Paul Payne . Any recovery will be deter mined by the court when it applies the law to your answers at the time of judg ment. In determining damages resulting from the nuisance, you may consider the proximity, duration, and intensity of the nuisance. “Proximate cause” means a cause that was a substantial factor in bringing about an [ injury ] and without which cause such [ injury ] would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the [ injury ], or some similar [ injury ], might reasonably result therefrom. There may be more than one proximate cause of an [ injury ]. Answer separately, in dollars and cents, for damages, if any. 1. The difference in market value, including lost rents and profits, if any. Consider the difference in value of Paul Payne ’s property immediately before and after the nuisance, if any. “Market value” is the price a willing seller not obligated to sell can obtain from a willing buyer not obligated to buy. The difference in market value is the decrease in market value in the time immediately before and immediately after the act(s) or omission(s) occurred. Answer: _______________ 2. Personal injury sustained in the past. Answer: _______________ 3. Personal injury that, in reasonable probability, Paul Payne will sus tain in the future. Answer: _______________

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