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Averett v. Shircliff
Virginia Supreme Court
218 Va. 202 (1977)
Henry Averett (defendant) crashed his vehicle into a car owned by James Shircliff (plaintiff). Shircliff sued Averett, alleging negligence and seeking damages. The trial judge instructed the jury that if Averett was negligent, damages should be awarded based on the difference in market value before and after the crash, unless the car could be repaired. If the car could be restored to its previous condition, then damages should be based on the cost of the repairs and any depreciation in value. The jury awarded Shircliff $4,000 as damages for the car. Shircliff moved the trial court to set aside the verdict and award him approximately $8,000 as the difference in market value before and after the crash. Shircliff argued that, under the Restatement of the Law of Torts, he should be able to elect the difference in market value as his measure of damages. The trial court agreed and granted the motion. Averett appealed.
Rule of Law
Holding and Reasoning (I’Anson, C.J.)
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