State v. Page

“In civil cases involving temporary damage to real property, the appropriate measure of damage is the total cost of restoring the property to its original condition.” McCormick v. City of Portland, 191 Or App 383, 390-91 (2004).

Defendant pled no contest to one count of second-degree criminal mischief after causing damage to the victim’s real property when the firework mortar he ignited misfired. A restitution hearing was held, resulting in a supplemental judgment and monetary award that included the cost to paint two walls of the house that were not damaged by the explosion. Defendant appealed the supplemental judgment and money award, assigning error to the portion of the award attributable to the cost of repainting the undamaged walls. Defendant argued the State failed to show a causal connection between his criminal conduct and the economic damage, or proving the damage was reasonably foreseeable, which is required to impose restitution. The Court disagreed and explained a reasonable person in the Defendant’s position would have reasonably foreseen that igniting the firework mortar may cause damage to surrounding property that would require repairs. The Court ultimately addressed whether including that cost in the restitution award was proper. “In civil cases involving temporary damage to real property, the appropriate measure of damage is the total cost of restoring the property to its original condition.” McCormick v. City of Portland, 191 Or App 383, 390-91 (2004). Civil law is applied because the damage was to real property. The Court concluded the damage was a predictable result of Defendant’s criminal conduct, and repainting the undamaged walls was reasonably necessary to create the same quality and color of the house. The Court held the measure of damages reasonably included the costs of repainting the undamaged walls in order to restore the home to its original condition. Affirmed.