Facts

Marie Beck brought an action against Castillo Del Mar Development Inc., Terrance Hirchag, and Virginia Hirchag for trespass to timber, trespass, negligence, fraud, and intentional infliction of emotional distress.

PLAINTIFF'S CONTENTIONS:
Beck claimed that the defendants unlawfully removed and damaged trees on her property.

DEFENDANT'S CONTENTIONS:
The defense asserted that Beck consented to removal of trees on the property line, while a subcontractor accidentally removed the trees from Beck's property.

Settlement Discussions

The plaintiff initially demanded $175,000 and the defendant offered to replant three small trees (value $500). Just before trial, plaintiff demanded $100,000 and defendants offered $25,000 to be paid at future contingent date.

Damages

Beck asserted that the value of the trees amounted to several hundred thousand dollars.

Injuries

Lost value of trees, diminished property value, and emotional distress.

Result

The jury found for plaintiff against defendant Castillo Del Mar Development, Inc on the issues of negligence and trespass. She was awarded $60,000. The jury entered verdicts for the defense on the issues of intentional infliction of emotional distress and fraud. Plaintiff's claim for punitive damages was denied.

Deliberation

one day

Length

six days