Sebra v. Wentworth

[¶ 1] Thomas J. and Bobbie Jo Went-worth appeal from a judgment of the Superior Court (Androscoggin County, Brodrick, J.) entered in favor of Earleen Sebra on her common law trespass claim. The Wentworths contend that the court erred in finding that (1) claim preclusion barred their affirmative defense of an easement by necessity; (2) there was sufficient evidence of malice to justify a punitive damages award; and (3) Sebra was entitled to attorney fees. Because we agree that there is no legal basis for awarding Sebra attorney fees, we vacate the court’s award. We otherwise affirm the…