CACI 3903I is a California civil jury instruction that outlines how to calculate economic damages in cases where perennial crops have been damaged.
The instruction provides a formula for calculating damages based on the lost profits from the crop. Here is a breakdown of the formula and an example calculation:
Determine the total yield of the crop before the damage occurred. This can be done by looking at previous harvests, industry data, or expert testimony. Let’s say the total yield before the damage was 100,000 pounds of apples.
Determine the expected yield of the crop after the damage occurred. This can be done using the same methods as step one. Let’s say the expected yield after the damage is 60,000 pounds of apples.
Determine the market value of the crop. This can be done using market data or expert testimony. Let’s say the market value of apples is $1.00 per pound.
Subtract the expected yield after the damage from the total yield before the damage to determine the lost yield. In our example, the lost yield is 40,000 pounds of apples (100,000 – 60,000 = 40,000).
Multiply the lost yield by the market value to determine the lost profits. In our example, the lost profits would be $40,000 ($1.00 x 40,000 = $40,000).
This calculation represents the economic damages for the loss of the crop.
However, it’s important to note that there may be additional damages to consider, such as the cost of replanting or repairing the damage. These additional damages would need to be calculated separately and added to the economic damages calculated using the CACI 3903I formula.