Brennen v. Aston

Summary

The Supreme Court of Oklahoma held that, when damaged personal property is repairable but remains worth less after repair, the owner may recover the reasonable cost of repairs plus post-repair diminution in value. The court concluded that Oklahoma Uniform Jury Instruction 4.14 correctly states this rule and affirmed the trial court's judgment. Justice Kauger concurred in part and dissented in part, arguing that the jury-instruction issue was not properly preserved in the appellate record.

Holdings

1. When damaged personal property is repaired but the repairs fail to restore it to its pre-injury condition, the proper measure of damages will ordinarily include both the reasonable cost of repairs and the property's post-repair diminution in value.
2. OUJI 4.14 correctly states Oklahoma law insofar as it permits recovery for post-repair depreciation in the value of damaged personal property.
3. The majority considered the instruction issue based on the parties' treatment of the instruction and the record before the court.

Questions Presented

1. Whether Oklahoma law permits an owner of repairable personal property to recover post-repair diminution in value in addition to the reasonable cost of repairs.
2. Whether Oklahoma Uniform Jury Instruction 4.14 accurately states Oklahoma law by permitting recovery for post-repair depreciation of damaged personal property.
3. Whether the issue concerning OUJI 4.14 was properly presented for appellate review despite the instruction's absence from the certified appellate record.

Disposition

reversed_and_remanded