Facts

Plaintiff's property and her neighbor's property shared an easement located between the two properties. Following a dispute over the use of the easement, the parties mediated their dispute and entered into a settlement agreement. Plaintiff then sued defendant and defendant's mother.

PLAINTIFF'S CONTENTIONS:
The Kellys were neighbors in adjacent lots and shared a recorded 9-foot easement to a brick driveway located between their properties. Though they had been friendly neighbors for years, their relationship began to sour in 2011 when each accused the other of being verbally rude and harassing to the other and their guests.

Plaintiff contended that defendant has used the easement to store her junk and discarded items, impairing plaintiff's ability to use the easement. Additionally, defendant installed cameras on her property, which invaded plaintiff's privacy by capturing inside her property. Defendant also sent plaintiff nasty and cruel emails. Plaintiff filed causes of action for breach of mediation agreement, private nuisance, invasion of privacy, and intentional infliction of emotional distress.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations.

Damages

Kelly underwent psychological treatment brought on by the stress. She sought to recover $10,000 in past medical expense and $3,000 in past lost earnings.

Injuries

Kelly allegedly suffered broken teeth due to grinding from the stress caused by the strained relationship between her and her neighbor.

Result

The jury found in favor of Iverson on Kelly's IIED claim, but found in Kelly's favor with respect to the remaining claims. The jury determined Kelly was damaged in the amount of $59,200.

Other Information

According to plaintiff, the court has entered a permanent injunction against the defendant (on April 11, 2017) as part of the plaintiff's damages. FILING DATE: Feb. 6, 2014.

Length

six days