Middle Section Allows Lost Profits for Tractor Trailer Total Loss

DKB TRUCKING COMPANY, LLC v. JNJ EXPRESS, INC.
Court: TN Court of Appeals

Attorneys:

Timothy A. Housholder, Knoxville, Tennessee, for the appellant, DKB Trucking, LLC.

Trevor L. Sharpe and Raymond G. Lewallen, Jr., Knoxville, Tennessee, for the appellee, JNJ Express, Inc.

Judge: BENNETT

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.

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