What is the test for determining fair market value in a motor vehicle accident case?

California, United States of America


The following excerpt is from Fellner v. Steinbaum, 132 Cal.App.2d 509, 282 P.2d 584 (Cal. App. 1955):

It will serve no useful purpose to recapitulate in this opinion all the figures entering into the computation of the amount of damages by the trial judge. The amount of the [132 Cal.App.2d 511] judgment comes well within the measure of damages specified by law in such cases as this, and the finding and judgment are supported by substantial evidence. It was the duty of the trial judge to consider all of the testimony as to fair market value, and "Where different conclusions may reasonably be drawn from the evidence by different minds the trial court's findings are not to be disturbed on appeal." Pfingsten v. Westenhaver, 39 Cal.2d 12, 19, 244 P.2d 395, 399.

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