Diminished Value Damages

When hearing an Auto case wherein an affirmative defense is raised regarding jurisdiction due to the Applicant's inclusion of diminished value damages, and the evidence supports that the Applicant's vehicle is leased:

  1. Uphold the affirmative defense if the filing seeks only the diminished value damages, or
  2. Deny the affirmative defense and award "Reduced Damages" (reducing diminished value) if the filing includes other accident-related damages that are in jurisdiction, i.e., repair costs, rental, etc.

Article published in: October 2015 E-Bulletin