STATE COURT OF BIBB COUNTY

CIVIL JURY VERDICT REPORT

PLAINTIFF:            Marie T. Browning, as Administrator of the Estate of Fred Lamar Browning, Sr.

DEFENDANTS:     Morley Adams

CIVIL ACTION NO.:        61287

JUDGE:                   William P. Adams

TYPE OF CASE:    Trespass to Realty - August 2005

VERDICT:              Plaintiff - $1,722.90

TRIAL DATE:        June 14, 2007

CLAIMED DAMAGES:     $1,722.90

LAST PRETRIAL OFFER/DEMAND:   No real negotiation

PLAINTIFF'S ATTORNEY:                   Walter Leggett, Jr.  

DEFENDANT’S ATTORNEY:               Charles A. Lanford, Jr.

OTHER INFORMATION:

           The Brownings owned property in rural south Bibb County which was adjacent to property owned by Defendant’s late step-father, Mr. Ed Holt. The evidence indicated the late Mr. Browning and the late Mr. Holt were good friends and that Mr. Holt had been given permission to use a portion of Mr. Browning’s property to plant a garden or simply to keep cut as it was adjacent to a barn on the Holt property. In August 2005, Defendant, who was helping look after the property where his mother was also living, cut a portion of the property belonging to Plaintiff. Plaintiff’s son, Mr. Fred Browning, Jr. testified he had planted 150 cedar trees and 12 dogwood trees in early 2005, which he had been taking care of in anticipation of having a tree lined buffer area. Plaintiff contended Defendant had cut all of the trees. Defendant admitted he had cut a portion of the area but denied he cut all of the trees. Plaintiff had an estimate from Ivey Landscaping Service for replacement of the trees in the amount of $1,722.90. Plaintiff was also seeking general trespass damages in addition to the estimated cost of replacement of the trees. Defendant also disputed the damages and presented evidence that the replacement cost of the trees would be much less. Plaintiff’s case consisted of the testimony of Fred Browning, Jr. and Jeff Ivey. Defendant’s case consisted of the testimony of Scott Thackston, who works for the Georgia Forestry Commission and had inspected the property, his own testimony, and the testimony of his mother, Mrs. Mary Holt. Mrs. Holt had been a named Defendant but she was granted directed verdict at the conclusion of the evidence. The Court also declined to submit the issue of attorney’s fees to the jury. The six person jury deliberated about 35 minutes before returning its verdict.