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Hand v. Pettitt

Defendant was entitled to a directed verdict on his claim that a road across plaintiff's property was a public road accessible to all subdivision owners since the road was recorded by a subdivision plat before plaintiff acquired his property.

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Herbert Lawrence Hand sued for battery and damages, both general and punitive, and for an injunction against trespass by Phillip Harold Pettitt for use of a road across Hand’s land, which was shown as an easement on a subdivision plat of the land; Pettitt answered and counterclaimed for false arrest and false imprisonment by locking him in the property where there was a public easement on the road. The trial court granted Pettitt’s motion for a directed verdict that all of the roads shown on the subdivision plat were public roads accessible to all subdivision land owners. On March 22, 2002, after a jury trial on May 29 through June 1, 2001, the trial court returned a judgment for Pettitt in the amount of $100. The judgment found that Talking Rock Falls Road, N.E., a subdivision road was a public road, because the sub-divider sold lots according to the recorded plat which showed the road and created an express easement. Finding no error, we affirm.

1. Hand contends that the trial court abused its discretion in denying his motion in limine regarding his prior and subsequent difficulties with Pettitt and with others regarding use of the road. We find that there was no abuse of discretion and that evidence of the prior and subsequent difficulties with Pettitt and others over use of the road was relevant and material to issues in this case.

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