Lampi v. Speed
2011 MT 231
| Mont. | 2011Background
- Lampi owns 40 acres near Red Lodge, Montana, damaged by a wildfire caused by Speed’s negligence.
- Lampi sought restoration damages rather than diminution in market value as the measure of damages.
- The district court denied Lampi’s restoration-damages motions and instructed the jury on both measures.
- Experts testified: Lampi’s restoration cost ~ $1,050,000; Speed’s expert ~ $550,000; market-value loss estimated at $193,800 by Wicks.
- Jury returned a $250,000 verdict without specifying the measure of damages.
- The Montana Supreme Court reverses, adopting Restatement (Second) of Torts § 929 and remanding for new trial on damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether restoration damages were the proper measure of damages. | Lampi: restoration damages applicable under Sunburst. | Speed: Sunburst does not apply; vegetation recovery and Kebschull control. | Yes; restoration damages appropriate, remand for new trial. |
| Whether Lampi proved temporary injury and reasons personal to justify restoration. | Lampi established temporary injury and personal reasons to restore. | Speed contested these elements; restoration should not apply. | Lampi proved temporary injury and reasons personal; issue properly for jury on remand. |
Key Cases Cited
- Sunburst School Dist. No. 2 v. Texaco, Inc., 338 Mont. 259 (Mont. 2007) (adopts Restatement § 929; allows restoration damages beyond diminution in value)
- Kebschull v. Nott, 220 Mont. 64 (Mont. 1986) (diminution in market value presumed measure for vegetation damage pre-Sunburst)
- Osborne v. Hurst, 947 P.2d 1356 (Alaska 1997) (recognizes reasons personal as part of § 929 analysis)
- Roman Catholic Church v. La. Gas, 618 So.2d 874 (La. 1993) (personal reasons to restore housing contexts cited in Sunburst analysis)
- Hill v. Cox, 41 P.3d 495 (Wash. App. 2002) (summary-judgment aid for restoration damages when undisputed temporary injury and personal reasons)
- Denver & Rio Grande W. R.R., 547 F.2d 1101 (10th Cir. 1977) (temporary injury where restoration to pre-injury condition is possible)
- Felton Oil Co. v. Gee, 182 S.W.3d 72 (Ark. 2004) (restoration damages concept cited in § 929 context)