Conn. Civ. Jury Instr. 3.9-23

General

As damages for a private nuisance, the plaintiff is entitled to recover such out-of-pocket

expenses as were proximately caused by the nuisance. The plaintiff is also entitled to recover

damages for physical discomfort and annoyance.

Measure of damages - temporary v. permanent nuisance

While one element of nuisance is that the condition was a continuing one, there is no

requirement that the condition last forever. Thus a nuisance may be temporary or permanent.

A permanent nuisance is one which inflicts a permanent injury upon real estate. If you find that

this was a permanent nuisance, in addition to recovering any out-of-pocket expenses and

recovering damages for physical discomfort and annoyance, the plaintiff is also entitled to

recover for the depreciation in the value of the injured property.

A temporary nuisance is one that inflicts no permanent injury on the real estate but rather creates

a temporary interference with the use and enjoyment of the property by the plaintiff. If you find

that this was a temporary nuisance, in addition to recovering any out-of-pocket expenses and

recovering damages for physical discomfort and annoyance, the plaintiff is also entitled to

recover for the temporary reduction in rental value, as opposed to the depreciation of the market

value.