Marsella v. Shaffer

Plaintiffs, Daniel E. and Sheryl Marsella, appeal a jury’s award of damages under the Wrongful Tree Cutting Act (Act) (740 ILCS 185/ 0.01 et seq. (West 1996)) for trees wrongfully cut by defendants, David and Kim Shaffer. Defendants cross-appeal the award of both treble damages under the Act and common law punitive damages for the same injury. We affirm in part, reverse in part, and remand the cause with instructions.

Plaintiffs’ third amended complaint contained 10 counts: count I alleged negligent property damage to plaintiffs’ trees, lawn furniture, pool, and deck; count II sought punitive…