Cases

Michael O’Dell v. Robert Stegall and Virginia Stegall

Case Number:
35488
Case Date:
21-09-2010
Case Issue:

Defendants appeal from an adverse jury verdict in this action brought by plaintiff seeking to establish a prescriptive easement. The jury found that plaintiff had established the existence of a prescriptive easement and, on plaintiff's claim that defendants had interfered with his easement, the jury awarded compensatory damages in the amount of $5,300 and punitive damages in the amount of $4,700. Defendants seek an independent review and reversal of the punitive damage award; a reversal of the compensatory damages award; and a definition of plaintiff's use of the prescriptive easement and limiting such use to egress from plaintiff's house to the highway by an existing 12 foot gravel lane situated in the center of a 25-foot right-of-way. Defendants do not seek a new trial.