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Just finished a trespass case trial. We're trying to figure damages. We weren't allowed to introduce any damages during the trial because they weren't included in the Discovery stage which was three years ago. Any ideas on how to introduce damage cost that won't insult the Judge?
I
Damages would include any damage done to the property from broken locks, gates, fence, ground ruts, lost crop in fields, timber and any physical damage to stock, pets, property and other such things multiplied by a factor of not less than 3.
If the event frightened or made SWMBO and the youngins cry there is no limit to the punishment which would include feeling some amount of pain and suffering by a proper amount of time being incarcerated and the plaintiff being awarded an ample amount of their monies.
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I would expect you to present expert witness type of costs quantifying the damages to the Judge. In Washington the multiplier for timber trespass (including Christmas Trees) is 3.
Didnt know you used the multiplier. Isn't that punitive damages? A Surveyor can't really be an expert on property damage. I guess an Engineer is about the only one. I was told by a fellow that settles trespass claims for a power line company that if trespass is confirmed the sky is the limit for damages.
The law I mentioned is specifically targeted toward those who poach trees on land that they don't own. While a value can be placed on a tree that is gone but its stump remains (I've mapped many) that value is present value not the value when the owner may want to harvest it. I cannot see triple damages projected onto other damaged property like fences, buildings, etc. However the point I tried to make was that many judges will not be happy with "Joe down the street said that $X is a fair price", but rather would want a summary of damages based on an experts judgement. I could be wrong, but why would you take the chance. There is really not enough in the OP to clarify what was damaged or why.
