# 00336014, Duanne Fraley  v. Richard Bratton, et al. Filed 1/23/09

Plaintiff's Attorney:  Kate M. Neiswender

Verdict:  $9,050.00                         Dept. 43

Plaintiff (dominant tenement)  and Defendants (servient tenement) shared an easement on their neighboring properties that  led to a dispute over tree maintenance resulting in an initial lawsuit  settled by way of mediated agreement.  Plaintiff then sued again under public and private nuisance based on Defendants’ continued conduct related to tree maintenance and alleged harassment, including shining of large lights and burning of debris.  Jury found against Defendants on private nuisance only and awarded Plaintiff $2,750.00 for lost earnings, $750.00 medical expenses, $550.00 loss of use of property and $5,000.00 for pain and suffering.  Defendant wife found 60% responsible, husband 30% and their son 10%.

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