Legal Opinion · Concurring in part, dissenting in part
Gasway v. Lalen
Indiana Court of Appeals
Decided August 10, 1988No. 67A01-8711-CV-298Published
1Concurring in part, dissenting in partSullivan, Judge
I concur as to Issues I, II, III and V. As to Issue IV, I dissent.
Ordinarily, recoverable damages to real estate may be measured by diminished fair rental value or by diminished fair market value but not by both, for to do so would result in double recovery. 25 C.J.S. Damages § 84b, at 929 (1966), 22 Am.Jur.2d Damages § 402, at 488 (1988). Here the trial court awarded $5,000 for decreased fair market value not attributable to the flooding but rather attributable to the publicity concerning the situation. In addition, the court awarded $150 per month representing a decrease in fair rental…
2Cases cited6 opinions
- Delano v. SmithMassachusetts Supreme Judicial Court · 1910
- Indiana State Highway Commission v. PappasIndiana Court of Appeals · 1976
- Wallace v. RogierIndiana Court of Appeals · 1979
- Dunn v. Chicago, Indianapolis & Louisville Railway Co.Indiana Court of Appeals · 1917
- Johnson v. FarwellSupreme Judicial Court of Maine · 1831
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