Damages - L Investments, Inc. v. Lynch: Tortious Injuries to Improvements on Realty

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Authors
Fera, Richard Dennis
Issue Date
1984
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INTRODUCTION|The recent case of "L" Investments, Ltd. v. Lynch presented the Nebraska Supreme Court a unique opportunity to clarify what was characterized by the court as a somewhat "confused" area of law. The issue in "L" Investments involved the proper measure of damages when recovery is sought for the negligent damage to an improvement located on real estate when the damage can be repaired or the improvement restored. Although it might be expected that the answer to that question would be relatively clearcut, the Nebraska court aptly noted that there has been much confusion, both within Nebraska and elsewhere, regarding the proper measure of damages. The confusion might well be attributed to the fact that an examination of the reported decisions discloses that there may be as many as four or five different rules. This note will first discuss the three main rules that have been used in the United States to determine the measure of these damages. This note will then discuss the rule applicable in Nebraska prior to "L" Investments, and trace its historical development. Finally, the rule announced in "L" Investments, and the rationale upon which the court predicated its decision will be analyzed....
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17 Creighton L. Rev. 461 (1983-1984)
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Creighton University School of Law
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