Department of Transportation v. Fleming

EAGLES, Judge.

Plaintiff’s only assignment of error is that the trial court erred in allowing defense witnesses Mease and McClure to give an opinion regarding the value of defendants’ land because their opinions were based entirely on the net income from the operation of defendants’ plumbing business. We agree and reverse the judgment of the trial court and remand for a new trial.

The general rule, subject to some limited exceptions not applicable here, is that loss of profits from the operation of a business conducted on the property is not an element of recoverable damages in an award…