Burkhead v. Davis

505 S.W.3d 784, 2016 WL 6892587
CourtCourt of Appeals of Kentucky
DecidedNovember 23, 2016
DocketNO. 2014-CA-000012-MR, NO. 2014-CA-000024-MR
StatusPublished
Cited by2 cases

This text of 505 S.W.3d 784 (Burkhead v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burkhead v. Davis, 505 S.W.3d 784, 2016 WL 6892587 (Ky. Ct. App. 2016).

Opinion

OPINION

NICKELL, JUDGE:

Carl Burkhead, Jr., has appealed from the Bullitt Circuit Court’s August 20, 2013, judgment entered following a jury trial awarding Marty Davis, Lorie Davis and Yvonne Davis Hoover compensatory and punitive damages on their malicious prosecution claim against him. The Davises and Hoover have cross-appealed from the same judgment. Following a careful review of the record, the briefs and the law, we affirm.

Yvonne owned a home located on Ellis Lane in Taylorsville, Kentucky, where her son Marty resided with his wife, Lorie. Burkhead resided next door to the Davises. The neighborly relationship started off relatively well when the Davises moved into the residence and remained so for several years. In 2000, Marty constructed a detached garage on his. property. He and Burkhead spoke often, and no complaint was raised about the construction. During the building phase, Marty assisted Burkhead in clearing and grading a portion of Burkhead’s lot to construct a similar garage. In the following years, however, the relationship between the neighbors became more and more acrimonious. Apparently, the friction began when the Davises refused Burkhead’s request that they pay a portion of the cost of trimming a tree away from overhead power lines—an amount of approximately $20.00.

Following this incident, Burkhead began a series of complaints to government agencies regarding the Davis property, initially alleging the property was overgrown and needed to be “cleaned up.” Marty was cited by the Bullitt County Planning and Zoning Department and ordered to clean up the property. Marty took appropriate action to comply. Burkhead then began complaining an unauthorized automobile repair business was being operated in the [787]*787garage2 and overpowering paint fumes and overspray were interfering with his enjoyment of his own property. These complaints generated several investigations by the Bullitt County Enforcement Division of Solid Waste Management and the Kentucky Department of Environmental Protection. No violations were noted.

Burkhead also made numerous complaints to law enforcement. Records produced at trial indicate between June 2007 and June 2010 Burkhead was the complaining witness in no less than seven criminal cases against Marty and one against Lorie. All of the criminal charges were ultimately dismissed. Records also showed Burkhead contacted police in excess of 100 times regarding various activities on the Davis property; possible prowlers on his own property; bombs, guns and fireworks being discharged in the area; all-terrain vehicles operating on the roadway; loud noises; and several other complaints. On only one occasion did a responding officer note anything remotely out of the ordinary. During the same period, approximately eight calls for assistance were placed by Marty or Lorie concerning Burkhead’s increasingly erratic behavior.

At some point, Burkhead installed three security cameras on his property which all looked into the Davis’s back yard. The Davises noticed large areas of dead grass in their yard along the fence adjoining Burkhead’s property. Bullet holes were found in the fence. While Marty was undertaking repairs of his garage following a suspicious fire in 2010 which also damaged a portion of Burkhead’s fence, Burkhead made obscene gestures and screamed at Marty to “go and leave so I can come over and [expletive] up some more of your property.” The Davises routinely found dents from ornamental stones being thrown atop the metal roof of their home on the side nearest Burkhead’s property, and also sustained damage to two automobiles, a camper, and other personal property from stone strikes. These stones were averred to be identical to those located in Burkhead’s garden.

On July 1, 2010, Burkhead instituted the instant suit, alleging the Davis’s actions constituted a temporary private nuisance.3 He sought to permanently enjoin the Davises from operating a business from their garage, touching his fence in any way, trespassing upon his property, and from speaking to him. In addition, Burk-head sought compensatory damages for the diminution in value of his property, the cost of repairing his fire-damaged fence, as well as punitive damages. In their answer, the Davises generally denied the allegations of the complaint.

Approximately eight months later, in February 2011, Burkhead filed an amended complaint alleging the Davis’ garage was in violation of numerous zoning and property use restrictions, and again seeking injunctive relief. In response, the Davises again disputed the operative allegations of the complaint, and additionally filed counterclaims for malicious prosecution, outrageous conduct, abuse of process, invasion of privacy and nuisance. The Davises sought compensatory and punitive damages, as well as injunctive relief.

Following a lengthy period of discovery and two mistrials, the matter was finally tried to conclusion from July 16 through July 19, 2013. Before the case was given to the jury, the trial court directed verdicts on Burkhead’s claims for zoning violations [788]*788based on the location of the Davis’s garage, fire damage to his fence, nuisance due to paint fumes and overspray, and nuisance due to sound. Similarly, the trial court directed verdicts on the Davis’s claims for invasion of privacy and abuse of process. The jury found the Davises had improperly used their property “for a club meeting house and/or excessive vehicular repairs” but awarded no damages. The jury found for Burkhead on his claim for nuisance and awarded $1.00 in damages. Burkhead’s remaining claims were unanimously rejected by the jury. The jury found in favor of the Davises on their counter-claims for nuisance, outrageous conduct and malicious prosecution, and •awarded them $500.00 in compensatory damages and $ 30,000.00 in punitive damages. The trial court entered its judgment in conformity with the jury’s findings on August 20, 2013.

Subsequent proceedings were conducted relative to Burkhead’s claim for equitable relief, resulting in a November 6, 2013, order enjoining the Davises from using the property as a club meeting location or for excessive vehicular repairs in violation of applicable zoning regulations. Burkhead then moved for a judgment notwithstanding the verdict or alternatively for a new trial, challenging the jury’s award of punitive damages as being unconstitutionally excessive. He sought remittitur of the punitive award to four times the compensatory award or for a new trial on punitive damages. On December 13, 2013, the trial court denied Burkhead’s post-judgment motion in a final and appealable order which further designated all prior orders as final and appealable. This appeal and cross-appeal followed.

Burkhead contends the trial court erred in denying his motion for a directed verdict on the Davis’s malicious prosecution claim and challenges the jury’s punitive damages award as being unconstitutionally excessive. On cross-appeal, the Davises contend the trial court erred in refusing to admit three pieces of documentary evidence related to damages to their vehicles and roof. We shall address each allegation of error in turn.

First, Burkhead argues the trial court should have granted a directed verdict in his favor on the malicious prosecution claim. He argues Marty and Lorie stipulated to existence of probable cause underlying Burkhead’s criminal complaints in each instance prior to the criminal charges being dismissed, thereby precluding any malicious prosecution claims as a matter of law.

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Cite This Page — Counsel Stack

Bluebook (online)
505 S.W.3d 784, 2016 WL 6892587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burkhead-v-davis-kyctapp-2016.