Medearis v. Miller

306 N.W.2d 200, 1981 N.D. LEXIS 293
North Dakota Supreme Court·Decided May 28, 1981·No. Civ. 9928·Published·Cited by 7 cases

Opinions

ERICKSTAD, Chief Justice.

This case involves a determination of whether or not the judgment in favor of Wayne B. Medearis in a prior action against Frank and Dorothy Glasser bars this action against Harley Miller, Harvey Schilling, and Duane Traynor (the developers). The trial court determined that it does and issued a summary judgment dismissing Me-dearis’ action with prejudice. We affirm in part, reverse in part, and remand with instructions.

The relevant facts are as follows. Me-dearis owns property in Burleigh County which lies east of Bismarck and adjacent to property owned by the developers. The developers, desiring a road along the section line running east-west on the southern boundary line of Medearis’ property, sought and received a decision by Burleigh County to construct such a road. During September, 1978, Frank and Dorothy Glasser, a married couple who at that time possessed a contract for deed to purchase Medearis’ property, gave Burleigh County an easement over 1.646 acres of the property for construction of the road. The developers’ agents, after acquiring the easement from the Glassers for Burleigh County, entered Medearis’ property and relocated a fence thereon to permit construction of the road. Thereafter, the road was constructed by agents of Burleigh County.

Upon learning of these events, Medearis filed an action in the District Court of Burleigh County against Frank and Dorothy Glasser, Burleigh County, and Boyd Township, alleging that the entries upon his property to relocate the fence and to construct the road constituted trespasses and also alleging that as a result of the road construction there was erosion of the new road embankment which caused dirt depos[202] its on and damage to his property. For all of the alleged damage to Medearis’ property he sought a total of $6,000.00 damages.

The trial court determined that the easement given to Burleigh County by the Glas-sers was null and void and that the entries upon Medearis’ property to relocate the fence and to construct the road constituted trespasses. However, with regard to the alleged erosion damage, the trial court determined that there was insufficient evidence that construction of the road caused any erosion to permit a recovery of those damages. The court then held that the Glassers, having executed an invalid easement, were liable for the entire damage resulting from the trespasses in the amount of $2,485.00.

After obtaining a satisfaction of judgment in the first action,.Medearis brought a second action in the District Court of Bur-leigh County, this one against the developers, alleging that they, through their agents, caused the fence to be relocated and also caused Burleigh County to construct the road. Medearis further alleged that all of this was done by the developers in an oppressive and malicious manner entitling him to punitive damages, and he sought against them total damages in the amount of $8,000.00.

The trial court ruled that, as a result of the judgment in the first action, Medearis had received a full recovery for all damages claimed in the second action except the alleged erosion damage. The court held that Medearis was barred from bringing this action for those damages previously recovered against the Glassers because Me-dearis was not entitled to more than one full recovery. The court also held that Me-dearis was precluded from bringing an action against the developers on the erosion claim because the issue of whether or not erosion had resulted from construction of the road had been litigated in the first action, and a determination had been made against Medearis. Consequently, the trial court entered a summary judgment dismissing Medearis’ action, and Medearis now brings this appeal asserting that the judgment in the first action against the Glassers should not preclude this action against the developers.

It is well-settled that a party is entitled to receive only one recovery for a single harm caused by multiple parties and that if he receives a satisfaction of judgment against one of the parties, he is precluded from seeking further recovery from the others. McFadden v. Turner, 159 N.J. Super. 360, 388 A.2d 244 (1978); Medley v. Webb, 288 So.2d 846 (Miss.1974); Rager v. Superior Coach Sales & Service of Arizona, 110 Ariz. 188, 516 P.2d 324 (1973); Arenson v. Ford Motor Company, 254 So.2d 812 (Fla.App.1971); Welbourn v. Firemen’s Insurance Company, 253 Or. 45, 453 P.2d 167 (1969).

In Medearis’ action against the Glas-sers, Burleigh County, and Boyd Township the trial court determined that the Glassers, having executed an invalid easement over Medearis’ property, were liable for the entire damage caused by the trespasses on his property. The court expressed this determination with the following findings of fact:

“V.
“The Plaintiff’s fences were removed and then reconstructed by agents of the partners and developers hereinabove noted.
“VI.
“After the purported easement was secured and placed of record, Burleigh County constructed the road which is one-half mile in length on and along the south boundary line of Plaintiff’s property.
* * * * * *
“VIII.
“The trespasses which have occurred have damaged Plaintiff’s property at the sum of $1,500.00 an acre and the amount damaged is 1.646 acres. This damage was a result of the purported easement granted by the Defendants Glasser.”

The trial court then made the following conclusion of law:

[203] “III.
“The Plaintiff is entitled to judgment as against Frank R. Glasser and Dorothy Glasser in the sum of $2,485.00 for the trespass and the resulting damages to Plaintiff’s land.”

Because Medearis recovered from the Glas-sers all damages resulting from the trespasses, whereby his fence was relocated and the road was constructed, the trial court correctly concluded that Medearis is precluded from bringing an action against the developers for those damages.

In his prior action Medearis alleged that, as a result of the road construction by Burleigh County, erosion of the new road embankment occurred which caused dirt to be deposited upon and to thereby damage his property. The trial court, refusing to allow damages on that claim, determined that Medearis had failed to prove that the alleged damage occurred as a result of the road construction.

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Medearis v. Miller, 306 N.W.2d 200, 1981 N.D. LEXIS 293 (N.D. 1981).

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Medearis v. Miller
306 N.W.2d 200 (North Dakota Supreme Court, 1981)