PJC General Negligence 2022

N UISANCE

PJC 12.6

PJC 12.6

Damages from Temporary Nuisance

QUESTION ______

[Following a court determination that the nuisance was temporary.] What sum of money, if paid now in cash, would fairly and reasonably com pensate Paul Payne for the damages, if any, proximately caused by the tempo rary nuisance? Consider the elements of damages listed below and none other. Consider each element separately. Do not reduce the amount, 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. [Insert as applicable.] 1. The amount reasonable and necessary to repair, fix, or restore Paul Payne ’s property to the condition immediately preceding the injury. Answer: _______________ 2. The amount reasonable and necessary to compensate Paul Payne for the loss of use of the property until [ insert cutoff point ]. Answer: _______________

3. Personal injury sustained in the past. Answer: _______________

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