Osborne v. Hurst

OPINION

FABE, Justice.

I. INTRODUCTION

Two property owners sued a neighbor for setting a fire that burned down the trees on their property. The trial concluded in a jury verdict and judgment in favor of the defendant. Both sides appeal various decisions of the trial court concerning summary judgment, admission of testimony, and attorney’s fees. We reverse and remand.

II. FACTS AND PROCEEDINGS

In 1985 Ester Osborne and Harriet Christensen purchased, for $40,000, a 3.62 acre plot of land with a cabin on it. The plot, on a point near Homer, overlooked Kachemak Bay. About twenty percent of the land…