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plaintiffdefendantdamagesmotion
tortplaintiffdefendantdamageswill

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McConchie v. Samsung Electronics America, Inc., Not Reported in F.Supp.2d, 2000 WL 1507442, 2000 DNH 155

Facts

Donald and Susan McConchie claimed that a defect in their Samsung microwave oven caused a fire that resulted in significant damage to their home and personal property. They sought damages totaling $380,214.79, which included $245,656.04 for the loss of personal property, calculated based on replacement values. The defendants argued that damages should be measured by fair market value or depreciated value, while the plaintiffs contended that these methods would not adequately compensate them for their losses.

The plaintiffs claim damages in the amount of $380,214.79 for their losses in the fire. That amount includes $245,656.04 for the loss of their personal property including clothing, furniture, and other household items such as televisions and computers.

Issue

What is the appropriate method for measuring damages for the destruction of personal property in this case?

The defendants move for a ruling in limine that the plaintiffs' damages must be measured by either the fair market value or the depreciated value methods, but not by the replacement value method.

Rule

In New Hampshire, the measure of damages for personal property loss is typically the fair market value at the time of loss, but courts may allow for a more flexible approach when market value does not provide reasonable compensation.

The parties agree that New Hampshire law applies in this case, and they begin with the rule of compensation in New Hampshire tort law that “the person wronged receive a sum of money that will restore him as nearly as possible to the position he would have been in if the wrong had not been committed.”

Analysis

The court analyzed the arguments presented by both parties regarding the appropriate measure of damages. It noted that while fair market value is the standard, it may not adequately compensate the plaintiffs for their losses, particularly for used household goods that have little market value. The court referenced previous cases that allowed for a combination of valuation methods, ultimately deciding that the plaintiffs could prove their damages through a method that reflects the value of the lost property to them.

Since New Hampshire law does not provide a precise measure of damages in the circumstances of this case, the method of proving damages is subject to the court's discretion.

Conclusion

The court granted in part and denied in part the defendants' motion in limine, allowing the plaintiffs to prove their damages using a method that best fits the circumstances of the case.

Therefore, to permit the plaintiffs a full and fair recovery for their losses without a windfall, the plaintiffs will be allowed to prove their damages by showing the value of their lost property to them through a method that best fits the circumstances of the case.

Who won?

The plaintiffs prevailed in part, as the court allowed them to use a flexible approach to prove their damages, recognizing the inadequacy of strict fair market value assessments.

The plaintiffs argue, however, that the fair market value method would not adequately compensate them because their household goods and used clothing would typically have little or no market value but had considerable value to the plaintiffs.

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