Grigg v. Taylor
Filed 6/28/06 Grigg v. Taylor CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Placer)
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| KATHERINE P. GRIGG, Plaintiff and Appellant, v. DENNIS TAYLOR, Defendant and Respondent. | C050070
(Super. Ct. No. SCV16378)
|
Plaintiff Katherine Grigg was injured when she was hit by a falling tree while standing on a public road. The property from which the tree had fallen was owned by defendant Dennis Taylor. Grigg sued Taylor on the theories of negligence and nuisance for failing to maintain the trees on his property and sought general and compensatory damages, as well as punitive damages. The court granted Taylor's motion for nonsuit regarding punitive damages, and the jury found for Taylor on the remaining claims. Thereafter, the court denied Grigg's motions for new trial and judgment notwithstanding the verdict, which were based on arguments that the verdicts were not supported by substantial evidence.
On appeal, Grigg contends: (1) there was insufficient evidence to support the jury's verdict that Taylor was not negligent; (2) there was insufficient evidence to support the jury's verdict that Taylor did not create a nuisance; and (3) the trial court erred in granting Taylor's nonsuit motion regarding punitive damages. Disagreeing with these contentions, we will affirm the judgment.
FACTUAL AND PROCEDURAL HISTORY
On a proverbial dark and stormy night with wind gusts of 60 to 70 miles per hour, motorist Katherine Grigg encountered a large tree blocking her way on Mount Pleasant Road in Lincoln. The tree had fallen from Dennis Taylor's property, which was adjacent to the road. Another motorist traveling on the road, David Eggert, parked behind Grigg's car. Grigg and Eggert got out of their vehicles and determined the tree was too big for them to move. As Eggert was thinking of an alternate route they could take, another tree fell, striking both Grigg and Eggert. Grigg screamed for Eggert's help, but he was pinned underneath the tree.
Grigg got free and ran down the road for help. A few minutes later, she encountered a nearby resident, James Baird, who called 911. Eventually, paramedics arrived and took Grigg and Eggert to the hospital. Grigg was released early the next morning, and Eggert was released two to three weeks later. After Eggert's release, Grigg called Eggert to ask whether they should sue Taylor. Eggert replied, â€
