The owner of a parked 2000 Ford GT, described as “a rare collector’s sports car rapidly appreciating in value” sued a drunk driver that wrecked it. The trial judge refused to allow an award based on the depreciation of the car, some $50,000, only the actual damage incurred in its repair, approximately $3,500. On appeal, the owner argued that once damaged, the car lost its “original condition” premium value, and that it was entitled to recover that difference. The appeals court agreed, finding that when evaluating the plaintiff’s claims of damages, the proper measure of those damages is the amount necessary to make it whole, including the depreciation caused by the damage.
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