DKB Trucking Company, LLC v. JNJ Express, Inc.

Case Number
M2012-00008-COA-R3-CV

Plaintiff sued for damages for the destruction of a tractor and trailer and for the loss of its
use. Defendants moved for a directed verdict, arguing that loss of use and/or loss of profits
cannot be recovered because the property was destroyed and it was not unique. The jury
found liability for the destruction of the property and for loss of use and/or loss of profits.
The trial court then granted a directed verdict on the loss of use/loss of profits, stating that
such damages cannot be recovered for destroyed property. Plaintiff appeals. We reverse.

Authoring Judge
Judge Andy D. Bennett
Originating Judge
Judge John J. Maddux
Case Name
DKB Trucking Company, LLC v. JNJ Express, Inc.
Date Filed
Dissent or Concur
No
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