Ill. Pattern Jury Instr. (Civil) 30.16

The rea

sonable rental value of similar property for the time reasonably required for the

[repair] [replacement] of the property damaged.

Notes o

n Use

This ins

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

of IPI 30.01 when the evidence justifies its use.

If the p

roperty has been replaced, the bracketed material should be u sed in lieu of the

word “repair.”

This ins

truction should not be used for damages to real 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

Reasonab

le rental value is a recognized element of compensable damages in Illinois.

Lawndale Steam Dye Works v. Chicago Daily News Co., 189 Ill.App. 565, 566 (1st Dist.1914);

Berry v. Campbell, 118 Ill.App. 646 (2d Dist.1905); McDonell v. Lake Erie & W. Ry. Co., 208

Ill.App. 442, 450 (2d Dist.1917).

It is not n

ecessary that similar property be actually rented during the period of time

reasonably required for repair. Damages are available for loss of use of the damaged property

during the period required for repair, even though rental of similar property is not undertaken by

the impaired party. Trailmobile Div. of Pullman, Inc. v. Higgs, 12 Ill.App.3d 323, 325; 297

N.E.2d 598, 600 (5th Dist.1973). Proof as to the value of the loss of use must be present, such as

the cost of renting a replacement vehicle. Plesniak v. Wiegand, 31 Ill.App.3d 923, 335 N.E.2d

131 (1st Dist.1975).

In National

Contract Purchase Corp. v. McCormick, 264 Ill.App. 63 (1st Dist.1931), the

court valued the loss of use of the plaintiff's vehicle by computing the cost of renting a

replacement, even though the plaintiff did not rent a replacement.

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