PJC Malpractice 2024

P ROPERTY D AMAGES

PJC 83.4

Consider the reasonable cost in Clay County, Texas, to restore the per sonal property to the condition it was in immediately before the occurrence in question. Answer in dollars and cents for damages, if any.

Answer: _______________ 2. Loss of use of property.

Consider the reasonable value of the use of the same class of personal property in question for the period of time reasonably required to repair the damage, if any, caused by the occurrence in question. Answer in dollars and cents for damages, if any. Answer: _______________ COMMENT When to use. PJC 83.4 submits the measure of damages for the partial destruc tion of personal property. PJC 83.4A submits the usual measure for direct damages for the partial destruction of personal property, which is the difference in the market value immediately before and immediately after the injury to the property at the place where the damage was occasioned. J&D Towing, LLC v. American Alternative Insurance Corp. , 478 S.W.3d 649, 656 (Tex. 2016). Alternatively, PJC 83.4B may be used where it would be economical and reasonable to repair the property and the owner of the injured property seeks to recover the reasonable costs of such replacements and repairs as are necessary to restore the damaged article to its condition immediately before the occurrence. J&D Towing , 478 S.W.3d at 656. PJC 83.4B also submits consequential damages for loss of use during the time it takes to repair the property. J&D Towing , 478 S.W.3d at 656 (whether owner recovers direct damages under the general rule or otherwise, owner may recover loss-of-use damages). To prove loss of use of property, it is not necessary to rent a replacement or show any amount actually expended for a replacement. See Luna v. North Star Dodge Sales, Inc. , 667 S.W.2d 115, 118 (Tex. 1984). Diminution of property value. If the repairs do not completely restore the for mer value of the property, the plaintiff may also recover the difference between the value before the occurrence and the value after repairs. See J&D Towing , 478 S.W.3d at 656 n.28; Houston Unlimited, Inc. v. Mel Acres Ranch , 443 S.W.3d 820 (Tex. 2014). PJC 83.4B may then be submitted with an additional element as follows: 3. Difference in market value.

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