Ill. Pattern Jury Instr. (Civil) 30.10

Difference in Value Before and After Damage

The dama

ge to property, determined by the lesser of two figures which are calculated as

follows:

One fig

ure is the reasonable expense of necessary repair of the property plus the

difference between the fair market value of the property immediately before the occurrence and

its fair market value after the property is repaired.

The oth

er figure is the difference between the fair market value of the property

immediately before the occurrence and the fair market value of the unrepaired property

immediately after the occurrence.

You ma

y award as damages the lesser of these two figures only.

Notes o

n Use

This ins

truction is not to be used alone, but it is to be inserted between the two

paragraphs of IPI 30.01 when the evidence justifies its use.

If ther

e is no claim that the repaired property has depreciated in value, use IPI 30.11.

If the co

st of repairs plus depreciation will be less than the difference in value between

the damaged and undamaged property, use IPI 30.12.

If onl

y the reasonable expense of necessary repairs is claimed and that is less than the

difference in value of the property before and after the damage, use IPI 30.13.

If the d

ifference in the value of property before and after it was damaged is less than the

reasonable cost of repairs, use IPI 30.14.

This ins

truction should not be used for damages to r eal estate or improvements thereon.

See IPI 30.17 to 30.20. Where real and personal property claims occur together, use instructions

for both where appropriate, and substitute the name of the personal property item instead of

“property” in the introductory clause.

Commen

t

Since c

ompensatory damages are only to make a party whole, and not to enable him to

make a profit on the transaction, a party may recover the reasonable expense of necessary repairs

plus any difference between the value of the property immediately before the occurrence and

after it has been repaired, provided that these amounts do not exceed the difference between the

value of the undamaged and damaged property. Santiemmo v. Days Transfer, Inc., 9 Ill.App.2d

487, 502; 133 N.E.2d 539, 546 (1st Dist.1956) (a verdict of $4,417.16, representing the costs of

repairs, was reduced by $717.76 to equal highest estimate of the value of the truck before it was

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damaged); McDonell v. Lake Erie & W. Ry. Co., 208 Ill.App. 442, 454 (2d Dist.1917)

(“Sometimes, after the repairs, the property is still not as good as it was before, and then the

difference between the value of the property after it has been repaired and the value of the

property before the injury should be added to make up the loss.”); Welter v. Schell, 252 Ill.App.

586, 589-590 (1st Dist.1929) (plaintiff recovered $423.25 for repairs and $475 for depreciation

after repair on his automobile which was worth $2,200 immediately before being damaged). See

generally Fowler, Loss of Earnings and Property Damage, 1956 U. Ill. L.F. 453, 462-465.

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