Bullard v. Bouler

Acting pro se, Linda McKeever Bullard appeals a $4,500 jury verdict in her favor arising out of her lawsuit against her neighbor Joe Bouler and his contractor for cutting down her red-tip photinia trees that were close to her property line with her neighbor. She argues that the court erred in extending the discovery period by 60 days, in allowing the jury to find against Bouler only, in denying her motion for new trial based on the inadequacy of the award, and in disregarding a post-trial juror affidavit that sought to impeach the verdict. We discern no error and affirm. Construed in favor of the verdict, the evidence shows that Bouler hired a contractor to prune twelve red-tip photinia trees that were near the property line between his house and Bullard’s house. Bouler did not discuss property boundaries with the contractor nor did he inform the contractor that the trees were located on Bullard’s property. As the contractor was cutting the trees with a chain saw, Bullard exited her house and demanded that the contractor and his employees cease their efforts and that they get off her property. When the contractor did not respond, Bullard knocked on Bouler’s door and told him to instruct the contractor to cease the cutting and to exit her property. Bouler did not comply, and the contractor completed cutting the trees, which eventually died.

Bullard filed an action for trespass against Bouler, the contractor, and the contractor’s company. At trial, Bullard moved for a directed verdict on liability in her favor against both defendants, which motion the court denied.