California Civil Jury Instructions (CACI) (2017)

3903M. Loss of Use of Personal Property (Economic Damage)

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3903M.Loss of Use of Personal Property (Economic Damage)
[Insert number, e.g., “13.”]The loss of use of [name of plaintiff]’s [item of
personal property].
To recover damages for loss of use, [name of plaintiff] must prove the
reasonable cost to rent a similar [item of personal property] for the
amount of time reasonably necessary to repair or replace the [item of
personal property].
New September 2003
Sources and Authority
• “[A]n owner’s recovery for being deprived of the use of a damaged vehicle is
generally to be determined with reference to the period of time reasonably
required for the making of repairs.” (Valencia v. Shell Oil Co. (1944) 23 Cal.2d
840, 844 [147 P.2d 558].)
• “There appears to be no logical or practical reason why a distinction should be
drawn between cases in which the property is totally destroyed and those in
which it has been injured but is repairable, and we have concluded that when
the owner of a negligently destroyed commercial vehicle has suffered injury by
being deprived of the use of the vehicle during the period required for
replacement, he is entitled, upon proper pleading and proof, to recover for loss
of use in order to ‘compensate for all the detriment proximately caused’ by the
wrongful destruction.” (Reynolds v. Bank of America National Trust & Savings
Assn. (1959) 53 Cal.2d 49, 50–51 [345 P.2d 926].)
• “ ‘Loss of use’ of property is different from ‘loss’ of property. To take a simple
example, assume that an automobile is stolen from its owner. The value of the
‘loss of use’ of the car is the rental value of a substitute vehicle; the value of
the ‘loss’ of the car is its replacement cost. The nature of ‘loss of use’ damages
is described in California Jurisprudence Third as: ‘The measure of damages for
the loss of use of personal property may be determined with reference to the
rental value of similar property which the plaintiff can hire for use during the
period when he is deprived of the use of his own property.’ ” (Collin v.
American Empire Insurance Co. (1994) 21 Cal.App.4th 787, 818 [26
Cal.Rptr.2d 391], internal citations omitted.)
Secondary Sources
6 Witkin, Summary of California Law (10th ed. 2005) Torts, § 1721
California Tort Damages (Cont.Ed.Bar) Vehicles and Other Personal Property,
§ 13.6
4 Levy et al., California Torts, Ch. 52, Medical Expenses and Economic Loss,
§ 52.32 (Matthew Bender)
738
0040
15 California Forms of Pleading and Practice, Ch. 177, Damages (Matthew
Bender)
6 California Points and Authorities, Ch. 64, Damages: Tort (Matthew Bender)
1 California Civil Practice: Torts, § 5:17 (Thomson Reuters)
DAMAGES CACI No. 3903M
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0041