Kohler v. Van Peteghem

Date: December 2012
Court: Superior Court of Forsyth County

Plaintiffs sued their neighbors for nuisance, trespass, breach of legal duty, and violations of the Georgia Metropolitan River Protection Act (MRPA) against our clients, the Defendants. Plaintiffs initially sought compensatory damages, attorney's fees, and punitive damages, but dismissed their claims for attorney's fees and punitive damages just prior to trial. At the beginning of trial, the judge struck one of Plaintiffs' purported expert witnesses pursuant to our motion, and barred him from testifying at trial. At the close of Plaintiffs' evidence, the judge granted Defendants' motion for directed verdict in favor of our clients on one of Plaintiffs' two remaining claims, and at the close of Defendants' evidence, the Court granted directed verdict in favor of the Defendants on one of their claims. After a five-day trial, the jury deliberated less than two hours before returning a verdict in favor of the Defendants on the Plaintiffs' remaining claims, and in favor of the Defendants on all of their counterclaims, including punitive damages and attorney's fees, in the amount of $250,500.

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