O'Malley v. Ruhan

Williams, PJ.

Defendant Thomas J. Ruhan (“Ruhan”) has appealed the trial judge’s award of damages to plaintiffs Andrew E. and Kathleen O’Malley (together, “O’Malley”) for harm to their trees. Ruhan contends that the judge’s award was error whether it was based on the diminished value of O’Malley’s residential property, or on the replacement costs of the trees. Specifically, Ruhan argues that as to the former measure of damages, the only evidence at trial was that there was no diminution; and that any application of the latter measure of damages was improper. We find no error, and dismiss the…