N.C.P.I.—Motor Vehicle 109.66

NOTE WELL: Use this instruction where damages

measured by market value would not adequately

compensate the defendant and repair or replacement

would be impossible (as where items such as a family

portrait are destroyed) or economically wasteful (as

where obsolete property is damaged beyond

economically feasible repair). 1

The defendant is entitled to recover the actual value of his property

immediately before it was damaged (less the salvage value, if any, that

it had after its damage). The actual value of any property is its intrinsic

value; that is, its reasonable value to its owner.2 In determining the

actual value of the defendant's property, you may consider:

[the original cost of (labor and materials used in producing) the

(specify property)]

[the age of the (specify property)]

[the degree to which the (specify property) has been used]

[the condition of the (specify property) just before it was damaged]

[the uniqueness of the (specify property)]

[the practicability of [repairing] [reconstructing] the (specify

property)]

[the cost of replacing the (specify property) (taking into account its

depreciation; that is, the degree to which it had been used up or worn

out with age)]

[the insured value of the property]3

[the opinion of the defendant as to its value]

[the opinion of any experts as to its value]

[state other appropriate factors supported by the evidence4].

You will not consider any fanciful, irrational or purely emotional

value that (specify property) may have had.5