Fleissner v. Division of Administration, State, Department of Transportation

MANN, Chief Judge.

The right-of-way for U.S. 41 was widened by 50 feet in front of Mrs. Fleiss-ner’s small motel. The jury awarded her $4250 for the taking and $2800 for severance damages. As to the taking, the range of expert testimony was $5100 to $11,686. As to severance, the range was $900 to $47,314. Thus, although the total awarded Mrs. Fleissner exceeds the total of the state’s appraiser’s estimate, the jury, being required to determine spearately the value of the taking from that of severance damages, brought in a verdict for less than the minimum amount sustained by the evidence as to…