Police obtained a search warrant for P's residence for marijuana. State troopers and D police officers searched the residence and seized a large quantity of marijuana plants, equipment used in drug production, and other personal property. P was convicted of misconduct involving a controlled substance. D stored P's personal property and eventually disposed of it without notice to P. The items included photographs and videotapes. P alleged that the photos were personal family pictures, pictures of girlfriends, and wedding photographs, and that the videotapes were recordings by P of events from his life. P filed a complaint seeking damages. D filed a motion in limine to exclude at trial any evidence of P's sentimental or emotional attachment to any items of personal property disposed of by D. The court granted the motion in limine on the ground that sentimental or emotional attachment 'is so highly subjective as to amount to speculation.' P filed a petition for review, but the petition was denied. The court instructed the jury that the proper measure of damages for unreturned personal property is its fair market value at the time of seizure. Fair market value was defined as 'the amount a fully informed seller would receive from a fully informed buyer in a normal, open market sale.' The court further instructed the jury that it 'may not award damages for P's sentimental, emotional, or fanciful value of any property, including photographs, and videotapes.' The jury awarded $1.00 in nominal damages for the loss of miscellaneous photographs and $25.00 in damages for the loss of five videotapes. Since the jury's total award of $771.00 was substantially less than D's prior offer of judgment, P was ordered to pay costs and attorney's fees. P appealed.

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