Thomson v. Beuchel
Travis and Kelly Thomson sued Joan Beuchel (individually and as Trustee of the Joan Beuchel Revocable Living Trust), the owner of hillside property adjacent to the Thomsons property, after a mudslide severely damaged the Thomsons home.[1] In a previous appeal we reversed the trial courts entry of summary judgment in favor of Beuchel on the ground Beuchel owed a duty to adjacent landowners to reasonably maintain her property and whether she had breached that duty raised a triable question of fact incapable of resolution on a motion for summary judgment. (Thomson v. Beuchel (July 31, 2007, B194775) [nonpub. opn.] (Thomson I).) The case proceeded to trial, and a jury entered a verdict in favor of Beuchel. The Thomsons appeal from the judgment on several grounds, including the trial courts refusal to give several special jury instructions requested by the Thomsons, certain evidentiary rulings made by the court and the award of expert witness fees to Beuchel pursuant to Code of Civil Procedure 998. Court affirm.
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