Charles Pesce v. East Tennessee Construction Services, Inc. - Concurring

Given the record presented to us on appeal, I concur fully in the majority’s Opinion. I write separately, however, to express my concern as to the diminution in value damages of $382,000 awarded to the Owner. I agree with the majority that, given the record presented to us, this result is correct. I also agree with the majority that the Owner is “in possession of a fully operational, profitable, dental office...” which the Owner had used for several years by the time of trial. As stated by the majority, the Owner incurred “construction cost of approximately $460,000...” in constructing this building. The diminution in value award of $382,000, with which I concur given the record  presented to us, means that the owner will end up with construction costs of only approximately $78,000 for “a fully operational, profitable, dental office.”