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THOMPSON v. KING FEED & NUTRITION SERVICE

No. 48419-2-I.

70 P.3d 972 (2003)

117 Wash.App. 260

Glenn and Janice THOMPSON, husband and wife, Respondents, v. KING FEED & NUTRITION SERVICE, INC., a Washington corporation, Appellant.

Court of Appeals of Washington, Division 1.

June 16, 2003.

Attorney(s) appearing for the Case

Theodore H. Millan, Hackett Beecher & Hart, Seattle, WA, for Appellant.

Nigel S. Malden, Davies Pearson P.C., Tacoma, WA, for Respondent.

PUBLISHED IN PART

COX, A.C.J.

King Feed & Nutrition Service, Inc. appeals an adverse judgment on a jury verdict for $300,000 for its negligent destruction by fire of Glenn and Janice Thompson's barn. A proper measure of damages for destruction of improvements on real property where the land itself is not damaged is the reasonable cost of restoration of those improvements, provided the injured party is made whole without receiving a windfall.

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