BLAIR WOOD, ET AL. v. TONY WOLFENBARGER, ET AL. - Articles

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Posted by: Tanja Trezise on Aug 15, 2012

Court: TN Court of Appeals

Attorneys 1:

Blair N.C. Wood and James R. Creekmore, Blacksburg, Virginia, for the appellants, Blair Wood and Gary Wood.

Attorneys 2:

Jack H. McPherson, Jr., Kingston, Tennessee, for the appellees, Tony Wolfenbarger and Brenda Wolfenbarger.

Judge(s): SWINEY

Blair Wood and Gary Wood (“Plaintiffs”) sued Tony Wolfenbarger and Brenda Wolfenbarger (“Defendants”) alleging, in part, that Defendants had wrongfully cut down six trees on Plaintiffs’ real property. After a trial, the Trial Court entered its judgment finding and holding, inter alia, that Defendants were liable for negligently cutting the trees, that the current market value of the timber cut was $840, and that Plaintiffs were entitled to a judgment in double the amount of the current market value of the timber pursuant to Tenn. Code Ann. § 43-28-312. Plaintiffs appeal to this Court alleging that the Trial Court erred in awarding damages based upon the timber value. We find and hold that the evidence preponderates against the finding that timber value was the correct measure of damages in this case. We modify the Trial Court’s judgment to award Plaintiffs damages of $62,100 based upon the trunk formula method of valuation and affirm the judgment as so modified.

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