Strzelecki v. Blaser’s Lakeside Industries of Rice Lake, Inc

348 N.W.2d 311, 133 Mich. App. 191
CourtMichigan Court of Appeals
DecidedMarch 22, 1984
DocketDocket 69377
StatusPublished
Cited by20 cases

This text of 348 N.W.2d 311 (Strzelecki v. Blaser’s Lakeside Industries of Rice Lake, Inc) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strzelecki v. Blaser’s Lakeside Industries of Rice Lake, Inc, 348 N.W.2d 311, 133 Mich. App. 191 (Mich. Ct. App. 1984).

Opinion

Per Curiam.

Plaintiffs Jacob and Bonita Strze *193 lecki and plaintiff Celina Mutual Insurance Company (Celina), the couple’s insurer suing in subrogation, brought this product liability suit against the manufacturer of a wood stove, purchased by the Strzeleckis, defendant Blaser’s Lakeside Industries of Rice Lake, Inc. (Blaser’s), and against defendant William Kranzo, doing business as Kranzo Farm Feed and Supply, the retail seller of the wood stove. As a result of a fire, the Strzeleckis’ home and contents were totally destroyed. The fire loss was partially covered by their insurance policy with Celina. The theories of liability asserted by plaintiffs at trial were negligence and breach of warranty; plaintiffs claimed that the fire was caused by defective design of the wood stove, inadequate testing of the stove, and failure to warn. Plaintiffs appeal as of right from an order granting defendants’ motion for a directed verdict. We reverse.

The trial court granted defendants’ motion for a directed verdict and dismissed plaintiffs’ suit on the ground that plaintiffs failed to introduce sufficient proof of damages to make out a prima facie case. More particularly, the court concluded that plaintiffs’ proof of damages for loss of the home and contents, based on a replacement cost less depreciation method of valuation, was inadequate to establish the requisite market value of the real and personal property at the time of the fire. Plaintiffs’ proofs consisted of evidence establishing the cost of replacing the home, less depreciation based on the age of the home and improvements thereto, and the cost of replacing the personal property destroyed with the home, less depreciation based on the age of each specific item of personalty.

The rule of damages for property loss is as follows:

*194 "It is the settled law of this state that the measure of damages to real property, if permanently irreparable, is the difference between its market value before and after the damage. However, if the injury is reparable, and the expense of repairs is less than the market value, the measure of damage is the cost of the repairs.”

Bayley Products, Inc v American Plastic Products Co, 30 Mich App 590, 598; 186 NW2d 813 (1971), lv den 385 Mich 754 (1971); accord, O’Donnell v Oliver Iron Mining Co, 262 Mich 470, 477; 247 NW 720 (1933); Tillson v Consumers Power Co, 269 Mich 53, 65-66; 256 NW 801 (1934); Jackson County Road Comm’rs v O’Leary, 326 Mich 570, 576; 40 NW2d 729 (1950). This rule applies as well to damages for personal property injured through negligence. See Wolverine Upholstery Co v Ammerman, 1 Mich App 235, 242; 135 NW2d 572 (1965). It is undisputed in the present case that the real and personal property was permanently and irreparably injured, and that the property had no value after the fire. Thus, under the above-stated rule, the measure of damages is the market value of the real and personal property at the time the fire occurred.

Whether the replacement cost less depreciation method of valuation may suffice as prima facie proof of market value at the time of the loss is an issue not definitively decided by prior case law in our jurisdiction. Clearly, replacement cost alone, without any deduction for depreciation, is not sufficient evidence of market value at the time of the loss. See State Highway Comm’r v Predmore, 341 Mich 639, 642; 68 NW2d 130 (1955); Bluemlein v Szepanski, 101 Mich App 184, 192; 300 NW2d 493 (1980), lv den 411 Mich 995 (1981). If replacement cost without depreciation was allowed, the *195 plaintiff would recover an amount as if the property were new at the time it was destroyed. Bluemlein, supra. However, in the instant case, plaintiffs’ evidence of damages did include deductions for depreciation.

In Adams v Grand Trunk Western R Co, 240 Mich 300, 303; 215 NW 375 (1927), where some barns were destroyed by fire, there was evidence of the value of the barns based on reproduction cost less depreciation, and also testimony by one witness as to the value of the barns which was not based on this method; the Court held that the latter uncontroverted testimony "carried the value to the jury, and we do not feel that the other testimony as to value presents reversible error”. The Adams Court did not express a blanket denunciation of the replacement cost less depreciation method. Also, it is noteworthy that those witnesses who testified as to value based on reproduction less depreciation had no knowledge of how old the barns were when destroyed, which may explain the Court’s reliance on the other testimony as carrying the value to the jury. In the present case, the approximate age of the home and improvements, and the personalty, was known.

In more recent cases, the replacement cost less depreciation method has been relied on to establish market value where there was no market for the building destroyed. In Twenty-Two Charlotte, Inc v Detroit, 294 Mich 275, 284-286; 293 NW 647 (1940), the Court approved reliance on replacement cost less depreciation as a method for establishing the "cash value” of the property for tax assessment purposes, noting the difficulty of determining the price likely to be obtained at a private sale due to the economic depression and paucity of sales of comparable property. In Losinski v Ford *196 Motor Co, 43 Mich App 114, 120; 204 NW2d 49 (1972), this Court found no error in the admission of evidence of the replacement cost less depreciation to establish the market value of a destroyed garage since it was uncontroverted that no market existed for the garage unless purchased as part of the plaintiff’s entire business. Also, even where there was no indication of the absence of a market, this court in Bayley, supra, p 602, relied on evidence of the value of the building based on replacement cost less depreciation in reducing the damages awarded by the jury.

It is true, as defendants point out, that unlike Losinski, supra, and Twenty-Two Charlotte, Inc, supra, there was no evidence presented in the instant case establishing the absence of a market for the home or the personalty. Thus, defendants argue, plaintiffs were required to submit proof of the property’s market value, i.e., the price which could have been obtained at a private sale, through some method other than replacement cost less depreciation, such as an appraisal of the property, the valuation of the home for property tax purposes, or the selling price of similar homes in the area. We agree that market value is the applicable measure of plaintiffs’ damages, but do not agree that plaintiffs’ evidence based on replacement cost less depreciation was inadequate to present prima facie proof of the amount of damages.

In another case involving the measure of damages for injury to property, this Court stated "there is and should be no fixed rule for measuring compensation in cases such as this”. Baranowski v Strating, 72 Mich App 548, 562; 250 NW2d 744 (1976), lv den

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Bluebook (online)
348 N.W.2d 311, 133 Mich. App. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strzelecki-v-blasers-lakeside-industries-of-rice-lake-inc-michctapp-1984.