Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable

Hands holding a tape measure over a wooden table

The defendant has the burden of introducing evidence of an alternative measure of damages to challenge the measure of damages presented by the plaintiff and it is improper for the trial court to take judicial notice of an alternative measure of damages on its own.

July 18, 2018
Gus Sara - The Subrogation Strategist

In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of damages advanced by the plaintiff. The Court of Appeals held that the defendant has the burden of offering evidence of alternative measures of damages if it seeks to argue that the plaintiff’s measure of the damages is unreasonable. The Court of Appeals found that the lower court erred in taking judicial notice of alternative measures of damage when the defendant failed to meet its burden of proof. The court’s holding establishes that, if the defendant does not offer evidence of alternative measures of damage, then the measure of damages introduced by the plaintiff will apply.

Mr. Sara may be contacted at sarag@whiteandwilliams.com



714.701.9180

Arrange No Cost Consultation










Subscribe to Construction Defect Journal

 

Construction Defect Journal is aggregated from a variety of news sources, article submissions, contributors, and information from industry professionals.

No content on this site should be construed as legal advice or expert opinion. By viewing this site you agree to be bound by its terms and conditions

 

Copyright 2018 - Construction Defect Journal – All Rights Reserved