 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bush v. State12/2/2003
of repair or restoration." Kirby Bldg. Sys. v. Mineral Explorations Co., 704 P.2d 1266, 1269 (Wyo. 1985) (quoting South Cheyenne Water & Sewer Dist. v. Stundon, 483 P.2d 240, 243 (Wyo. 1971)). Additionally,
In Meredith GMC, Inc. v. Garner, 78 Wyo. 396, 328 P.2d 371, 373-374 (1958), we discussed the issue of how damages to a motor vehicle which is not totally destroyed are to be calculated. Surveying Wyoming precedent and various scholarly works, we concluded that damages could be calculated by using either the cost-of-repairs method or the decrease-in-market-value method. We indicated that the choice between these two methods should be determined "as the occasion may require." Id., 328 P.2d at 374.
Aetna Casualty & Sur. Co. v. Langdon, 624 P.2d 240, 242 (Wyo. 1981). It thus appears that the method for determining the damages varies depending on the circumstances, and there is no absolute rule. Therefore, the district court should be given wide latitude in making such a determination.
In this instance, the district court held a hearing regarding restitution. The testimony was specific and detailed relating to the damages incurred and the work and parts it would take to restore the pickup. While this testimony came mostly from the victim, "where an owner has sufficient knowledge to establish the value of his own property, he may properly serve as a witness." Brown, . The victim in this case is a certified automobile mechanic and thus situated to have knowledge of these values. The trial court clearly considered the testimony regarding the value of the damage incurred to the victim's pickup and the cost of needed repairs. The district court offset this amount with a credit for the parts that the victim could sell because they would not be needed or they were duplicate parts. The trial court additionally ordered that Bush's obligation be joint and several with Sparby's ordered restitution to assure that the victim would not receive a windfall.
A review of the testimony and the thorough considerations of the district court clearly indicates to me that the restitution order was not an illegal order. The amount of restitution fixed by the trial court was supported by evidence sufficient to afford a reasonable basis for estimating the loss and was an amount that could be awarded in a civil suit. See Brown, . The majority bases much of its reasoning on the district court's mention of a unique and special value to the victim. My review of the testimony and the order indicates that this does not appear to be a significant basis of the district court's determination. It appears to me that the district court was not compensating the victim for this "subjective sense of value." Rather, it appears the district court simply sought to allow the victim to be made whole through the repair of his truck. Considering the circumstances, such a determination is reasonable.
Perhaps the definition of what is reasonable will differ from one person to another, but under no circumstances can that difference alone form the basis of an abuse of discretion. In this case, the majority simply did not agree with the district court's method of calculating reasonable damages. However, this does not mean the district court abused its discretion and it certainly does not mean that there was an illegal sentence. As long as the district court's determination was reasonable and in an amount that could be awarded in a civil action it is not arbitrary or capricious and should be upheld.
Page 1 2 3 4 5 6 7 8 9 Wyoming Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|