Case details

Plaintiff’s injuries not due to neighbor dispute, defense argued

SUMMARY

$59200

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional, emotional distress, mental, psychological, psychological injuries
FACTS
In 2011, plaintiff Aeolan Kelly, a video and television editor, became involved in an ongoing dispute with her neighbor, Charolette Iverson. Kelly and Iverson were each owners and sole occupants of their respective houses, which were each approximately 500 square feet and located on adjacent lots that were 25 feet wide. The neighbors shared a recorded 9-foot easement, which was an old brick driveway located on the boundary between the two lots, for ingress and egress. Kelly and Iverson were friendly next-door neighbors for a few years, but, beginning in 2011, the situation began to change. Both claimed the other was verbally rude and harassing to the other and their respective guests; both claimed the other blocked the easement/driveway; and both sent angry emails to the other. The also both claimed that the other placed numerous unsightly things on the easement, but Kelly claimed that Iverson’s “stuff” was placed on the easement more often and for longer periods of time. In addition, both neighbors installed exterior video cameras, which allegedly captured images of the other coming and going from their front and rear doors as well as using the easement/driveway, but both claimed the video cameras were for security purposes only. Kelly sued Charolette Iverson and Charolette Iverson’s mother, who occasionally visited her, Cathy Iverson. Kelly alleged that the Iversons’ actions constituted an intentional infliction of emotional distress, an invasion of privacy, and a nuisance. Cathy Iverson was ultimately dismissed from the case early on in the litigation. The matter proceeded to a private mediation. In 2014, at the end of the first session, a written agreement was reached setting forth what each person should and should not do. However, Kelly claimed that the agreement was permanent, but Charolette Iverson claimed the written agreement was only temporary, lasting only approximately one month, until the second session of the mediation was held. Thus, the matter proceeded to trial, and Kelly added the claim of breach of contract to the suit. A second mediation session was, in fact, conducted one month after the first and a new agreement (permanent in nature) was crafted by the mediator. Charolette Iverson allegedly agreed to the new agreement, but Kelly and her counsel said they would consider it, and then left the mediation without signing it. However, Judge Barbara Scheper refused to allow any information about the second mediation into evidence at trial., Kelly claimed that she suffered severe emotional distress and that she started grinding due to the stress, causing one of her teeth to crack and have to be removed. She subsequently treated with psychological counseling/therapy intermittently for approximately five years. Thus, Kelly sought recovery of approximately $10,000 in past medical costs and approximately $3,000 in past lost earnings. Kelly claimed her neighbor’s actions caused a decrease in the fair market value of her home, thereby preventing her from selling her property. In addition, she claimed other financial losses as a result of Charolette Iverson’s alleged breach of the first mediation agreement and as a result of lost costs due to having to pay for the mediation. In addition, Kelly claimed she had to replace a fence that Charolette Iverson intentionally damaged. Defense counsel argued that Kelly did not suffer severe emotional distress as result of any alleged conduct by Charolette Iverson. Defense counsel also noted that the plaintiff’s dental expert testified that he did not know what caused Kelly to grind her teeth or what caused the loss of the one tooth. Counsel also noted that only Kelly testified about her alleged emotional/psychological and about her treatment with a therapist. In addition, defense counsel presented evidence allegedly showing that Kelly’s emotional/psychological , and the treatment therefore, were unrelated to the dispute between the two women. Instead, defense counsel argued that Kelly’s emotional/psychological were due to the murder of her fiancé in Sweden in 2011, her mother’s cancer diagnosis later in 2011, and from having suffered two separate trip/slip and fall accidents in 2011 and 2012, in which she suffered significant fractures and was out of work for several weeks after each accident. Counsel further argued that Kelly’s emotional/psychological were also due to the fact that the bank attempted to foreclose on her home throughout 2015 and 2016 and that Kelly was involved in another lawsuit, in which she was suing her bank and others for handling, and later denying, her attempted refinancing/modification of her home mortgage in an allegedly negligent and bad faith manner.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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