Wise v. Tidal Constr. Co.

2 Citing cases

  1. John Thurmond Associates v. Kennedy

    284 Ga. 469 (Ga. 2008)   Cited 31 times
    Holding that, in a negligence case, the plaintiff may choose its method of measuring damages and the burden shifts to the defendant to present contradictory evidence

    ]" (Emphasis omitted.) Wise v. Tidal Constr. Co., 270 Ga. App. 725, 729 (1) ( 608 SE2d 11) (2004). Thus, if the cost of repair is reasonable when compared to the diminishment in the fair market value of the property at the time of the breach, the defect is deemed remedial and the general measure of damages applies.

  2. Toller v. Engelhard Corp.

    No. 5:04-CV-45 (DF) (M.D. Ga. May. 31, 2006)

    "The cost to repair or restore land may be an appropriate measure of damages as long as restoration would not be an `absurd undertaking.'" Wise v. Tidal Const.Co., 608 S.E.2d 11, 14 (Ga.Ct.App. 2004) (quoting AtlantaRecycled Fiber Co. v. Tri-Cities Steel Co., 262 S.E.2d 554, 558 (Ga.Ct.App. 1979)). "This is true even though the repair costs exceed the diminution in value."