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Torts
Trespass
Punitive Damages

The Bricket Family Trust v. Barney Yeager, Norma Jeager, Arthur Berg, et al. dba Yeager Saw Mill

Published: May 10, 2001 | Result Date: Jan. 12, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 99WY2260 Verdict –  $0

Judge

Clarence Brimmer

Court

USDC Colorado


Attorneys

Plaintiff

J. Michael Considine Jr.


Defendant

Kenneth S. Golden


Experts

Plaintiff

John Dustin
(technical)

Defendant

Maggie Love
(technical)

Daryl Crites
(technical)

Facts

The plaintiff and defendants both own land in Durango. They were in dispute over a strip of land between 300 to
400 feet long and about 40 to 45 feet wide. The plaintiff wanted access to the land in order to develop land on a
steep hillside. The piece of land lay on the BirketÆs property and is bounded on the north side by the Yeager
parcel, on the south side by the Berg parcel and on the east and west by the Birket parcel.

Settlement Discussions

The plaintiffsÆ demand included the entire piece of land as well as $60,000 in attorney fees. The defendants offered $5,000 plus a quit claim deed with the exception of a footprint of the barn and shed.

Damages

The plaintiffs were seeking monetary damages for trespass plus an award of punitive damages. The plaintiffs counterclaim damages alleged for possession of the land in question.

Other Information

The court ordered that the defendants are entitled to possession of the tract of land.


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