Thompson v. King Feed & Nutrition Service, Inc.

Cox, A.C.J.

King Feed & Nutrition Service, Inc., appeals an adverse judgment on a jury verdict for $300,000 for its negligent destruction by fire of Glenn and Janice Thompson’s barn. A proper measure of damages for destruction of improvements on real property where the land itself is not damaged is the reasonable cost of restoration of those improvements, provided the injured party is made whole without receiving a windfall.1 The trial court properly granted the Thompsons’ motion for judgment as a matter of law as to the proximate cause of the fire. And the trial court did not abuse its…