How have courts and juries assessed damages in a motor vehicle accident case?

California, United States of America


The following excerpt is from People ex rel. Dept. of Transportation v. Southern Pac. Transportation Co., 148 Cal.Rptr. 535, 84 Cal.App.3d 315 (Cal. App. 1978):

Utilization of this method may enable a court or jury to ascertain the amount of damage required as just compensation in situations where the market value or other acceptable standards of valuation cannot rationally be applied or where their application would not put the owner " 'in as good a position . . . as if his property had not been taken.' " (State of California v. United States (9 Cir. 1968) 395 F.2d 261, 266.)

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