Davies v. Estate of Broege, 410 S.W.3d 303 (2013)

Citation: Davies v. Estate of Broege, 410 S.W.3d 303 (2013)
Parent Document: Davies v. Estate of Broege, 410 S.W.3d 303 (2013)
Jurisdiction: Missouri (state)
Effective Date: 2013-10-15
Original Source: https://www.courtlistener.com/opinion/5285697/davies-v-estate-of-broege/ ↗

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Your Honor, this case set up exactly the way that this instruction is written. [Plaintiffs] presented evidence that there is no repair that could be contemplated to fix the problem so, therefore, their argument is going to be that *305they’re entitled to complete diminution of the house. That’s exactly what they’re going to argue. My argument is going to be, if the jury accepts it, that there’s a repair in place that’s going to correct the problem. If they believe that and they believe that the repair is appropriate, then I win. If they don’t believe the repair is reasonable and that his house has zero value, they win. But the instruction sets out all of the evidence that the jury has heard.... The problem is in this case we presented in both is a cost to repair and diminution, and those are the two scenarios that the jury has to decide on. That’s why I think our instruction is appropriate, not just that it’s lesser, but it has to be — you know, you have to find that the repair is appropriate under the circumstances, [emphasis added].

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