Gateway Foam Insulators, Inc. v. Jokerst Paving & Contracting, Inc.

MARY R. RUSSELL, Judge.

The question before this Court is whether a claimant whose specially-fitted commercial vehicle was rendered useless may recover both the replacement costs for the vehicle and the lost profits suffered from loss of use of the vehicle. The trial court correctly found that the claimant in this case was entitled to both replacement costs and lost-profits damages. The trial court incorrectly awarded the claimant damages for loan interest paid. The judgment is affirmed in part and reversed in part.1

I. Background

This case arose after an employee of Jokerst Paving &…