Monday, March 25, 2013

Pestey v. Cushman case brief

Pestey v. Cushman case brief
788 A.2d 496 (Conn. 2002)


FACTS:
-Plaintiff neighbors sued defendants, farm and owners, for common-law nuisance, alleging that defendants' farm operation generated offensive odors that unreasonably interfered with the neighbors' enjoyment of their property.
-Based on a jury verdict, the Superior Court in the Judicial District of Tolland, Connecticut, entered a judgment for the neighbors of $ 100,000. Defendants' appeal was transferred to the state supreme court.

AGRUMENT: On appeal, defendants argued, inter alia, that the trial court improperly (1) failed to instruct the jury regarding the balancing of interests relevant to the reasonableness of defendants' use of their property; (2) allowed one neighbor to testify that the odors caused the diminution in value of the neighbors' property; and (3) admitted a portion of a certain livestock waste management handbook under the learned treatise hearsay exception without a proper foundation.

HOLDING:
The state supreme court held that the neighbors did not have to prove that defendants' use of their property was unreasonable; they had to prove that defendants' use unreasonably interfered with the neighbors' property.

ANALYSIS:
-In light of this standard, the jury was adequately instructed on the law of private nuisance.
-The neighbor's opinion about what caused his property's value to diminish was properly admitted. -An expert's testimony that the handbook was a standard reference in his profession regarding animal waste and contained general recommendations on controlling livestock odors provided an adequate foundation for admitting the handbook excerpt on odor control under the learned treatise hearsay exception.

OUTCOME: The state supreme court affirmed the judgment.

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