LN West Paces Ferry Associates, LLC v. McDonald
306 Ga. App. 641
| Ga. Ct. App. | 2010Background
- Adjacent-property dispute: Najjar tied a sewer lateral onto McDonald's more than 200 feet from Najjar's boundary without permission.
- Najjar directed work across McDonald's property; plumbing contractor refused until Najjar directed him to proceed anyway.
- McDonald discovered a sewer line and a retaining wall encroachment; McDonald sued for trespass, ejectment, damages, and fees.
- Najjar counterclaimed for a private easement/to quiet title and sought fees; jury returned $475,000 for McDonald including punitive damages and attorney fees.
- Trial court entered judgment; Najjar challenged directed verdict, light of evidence on willful trespass and bad faith.
- Appellate court affirmed, rejecting innocent trespass defense and upholding punitive damages and fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of trespass evidence | McDonald obtained verdict on willful trespass and damages. | Najjar acted as innocent trespasser due to mislabeled sewer plat. | Evidence supported willful trespass; verdict upheld. |
| Attorney fees under OCGA 13-6-11 | Trespass with bad faith supports fees. | Fees not authorized by statute. | Fees authorized; bad faith found from willful trespass. |
| Admission of expert testimony and deposition | Discovery sanctions not violated; supplementary disclosures proper. | Surprise and sanction risk justify exclusion. | No abuse of discretion; experts disclosed timely; deposition admissible where witness imprisoned. |
| Mistrial/continuance for discovery and witness attendance | Continuation would permit discovery and cross-examination. | Denied needlessly prejudiced Najjar. | Trial court acted within discretion; offers of continuance rejected; no reversible error. |
Key Cases Cited
- City of Atlanta v. WH Smith Airport Svcs., 290 Ga.App. 206, 659 S.E.2d 426 (2008) (standard for affirming verdict if any evidence supports it)
- Paine v. Nations, 283 Ga.App. 167, 641 S.E.2d 180 (2006) (trespass supports recovery of litigation expenses under OCGA 13-6-11)
- Tyler v. Lincoln, 272 Ga. 118, 527 S.E.2d 180 (2000) (bad faith standard for punitive damages in intentional torts)
- Norton v. Holcomb, 285 Ga.App. 78, 646 S.E.2d 94 (2007) (willful trespass sufficient for damages when not innocent trespass)
- Gill v. Spivey, 264 Ga.App. 723, 592 S.E.2d 132 (2003) (purpose of excluding testimony is to prevent surprise; admission proper when timely)
- Baker v. Miller, 265 Ga. 486, 458 S.E.2d 621 (1995) (attorney fee award supported by evidence must be affirmed)
- Spencer v. Dupree, 150 Ga.App. 474, 258 S.E.2d 229 (1979) (deposition use when witness unavailable due to imprisonment)
- Kamman v. Seabolt, 149 Ga.App. 167, 253 S.E.2d 842 (1979) (deposition use and witness availability considerations)
- Haygood v. Tilley, 295 Ga.App. 90, 670 S.E.2d 800 (2008) (continuance and discovery rulings reviewed for abuse of discretion)
- Wilson v. Southern R. Co., 208 Ga.App. 598, 431 S.E.2d 383 (1993) (practice in evaluating continuance requests and trial rulings)
- Turner v. City of Nashville, 177 Ga. App. 649, 340 S.E.2d 619 (1986) (standard for abuse of discretion in trial management)