Carabine v. DeGravelle

Summary

Carabine v. DeGravelle, 11 So.3d 85 (3rd Circuit) , LA ,   2009,   Report Type: N/A

Appellate Panel :

Ulysses Gene Thibodeaux,  Billy H. Ezell,  James T. Genovese,  

Trial Type :

judge

Trial Judge :

N/A

Trial Court :

N/A

Plaintiff's Lawyer :

N/A

Defendant's Lawyer :

N/A

Injuries

Harassment, poisoning land, mental anguish.

Tissue :

N/A

Did Plaintiff Have Surgery? :

n/a

Treatment Length :

N/A

Pre-existing Conditions :

N/A

Award change on appeal:

unchanged

Damages

General Damages :

$15,000

Past Medicals :

$0

Future Medicals :

$0

Past wages :

$0

Future wages :

$0

Loss of Consortium :

$0

Other Damages :

$0

Total :

$15,000

Case Details

Suit Reason :

Plaintiffs, homeowners, brought suit against their neighbor for harassment and aggravation in regard to the use of a 60 foot right-of-way passage across defendant's property. The right-of-way was the only way for people to access plaintiff's property.

Award Reason :

Defendants continually harassed visitors to plaintiffs property, erected signs saying the road was private, barring visitors at times, and even poisoning plaintiffs' land. The hostilities occurred over a ten year period. The court held these actions were intentional, with malice, and direct violations of court orders. Plaintiffs were awarded $15,000 for humiliation, embarrassment, and mental anguish.