Kostal v. Davis

By Judge J. Michael Gamble

I am writing this letter to rule upon the motion in limine filed by the defendants. At this time, I will not sustain the motion in limine. The damage issues must be addressed at trial.

The plaintiffs seek damages for the loss of their timber, the loss in value of their real estate, and clean-up costs for their land.

Where merchantable timber is injured or destroyed, the measure of damages is the difference between the market value of the timber immediately before the injury and its market value immediately after the injury. Virginian Ry. v. Hurt, 112 Va. 622, 627, 72…