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Remedies Keyed to Tabb, 8th
Lane v. Oil Delivery, Inc.
Citation:
216 N.J. Super. 413 (1987)Facts
On August 10, 1983, the Lanes and their insurance company filed a complaint against Oil Delivery, Inc., seeking damages for losses incurred in a fire at their home. The complaint alleged negligence, breach of contract, and strict liability in tort. The jury found both parties negligent, with defendant 60% at fault and plaintiffs 40% at fault, and assessed total damages at $425,985. The Lanes presented a 31-page list of personal property losses with estimated values. Mr. Lane based his valuations on his experience buying articles, pricing them at stores, and reviewing newspaper advertisements. Mrs. Lane, who owned a retail clothing store and supervised charity flea markets, testified regarding her clothing and furniture values based on that experience. The trial judge instructed the jury that the measure of damages should be market value at the time of the fire, but during deliberations provided the jury with totals from the list labeled as “original costs” without further instruction on how to use those figures.
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