114 Wis. 2d 518 | Wis. Ct. App. | 1983
The defendants appeal a judgment awarding the Town of Fifield $94,000 for the damages it sustained when Gary Halverson drove his forty-three-ton pulpwood truck onto a town bridge with a posted weight capacity of four tons. Halverson admitted liability for destroying the bridge, and the jury awarded the town $34,000 for its loss of the bridge and $13,000 for consequential damages. The trial court doubled these damages pursuant to sec. 86.14(2), Stats.
The town is entitled to recover the reasonable value of its bridge just before its destruction. See Shell Oil Co. v. Jackson County, 193 S.W.2d 268, 272 (Tex. Civ. App. 1945). The reasonable value of the bridge before its destruction is the present cost of a bridge of the same dimensions and carrying capacity, adjusted to reflect the depreciation of the destroyed bridge. Id. at 273.
The highest expert opinion of the value of the bridge based on this measure of damages was substantially less than $34,000. The jury therefore had to base its award at least in part on the opinion of the town chairman, who testified that the old bridge was worth $40,000.
It was also error to allow the town’s witnesses to testify about the bridge’s use and its importance to the town. There is no evidence that the bridge’s use affected either its value or its depreciation. This testimony therefore was not relevant to the value of the bridge, see secs.
The town is entitled to recover its expenses for removing the debris and for providing a detour and a temporary bridge.
The collateral source rule bars any reduction of the town’s award even though federal and county grants covered 87x/¿% of the cost of the replacement bridge. The collateral source rule is applicable to property damage actions, see W.G. Slugg Seed & Fertilizer, Inc. v. Paulsen Lumber, Inc., 62 Wis. 2d 220, 228, 214 N.W.2d 413, 417 (1974), and it applies to funds received from the government. See Thoreson v. Milwaukee & Suburban Transport Corp., 56 Wis. 2d 231, 243, 201 N.W.2d 745, 752 (1972). The defendants’ contention that they should not be punished by the collateral source rule as well as the double damages assessed pursuant to sec. 86.14(2) ignores the rationale of the rule. The rule merely allows the innocent party rather than the wrongdoer to benefit from the windfall.
By the Court. — Judgment reversed and cause remanded.
Section 86.14(2), Stats., provides:
Any person who subjects any bridge or culvert to a load in excess of maximum limitations on weight of vehicles on highways imposed by law or regulations thereunder or limitation as to gross weight of vehicles as posted on or at any such bridge or culvert shall be liable for double the amount of damages that may be caused thereby. There shall be no recovery for any injury to himself or to the property in his keeping.
It was error to permit the town chairman to give his opinion on the value of the bridge on the basis that he owned the bridge. See McClure v. Village of Browns Valley, 173 N.W. 672, 673 (Minn. 1919).
Because we are remanding for a new trial, we do not decide the question of whether the proof of consequential damages was sufficient.