Eberhart v. Kurtz

BRADLEY, Judge.

This is an appeal from the trial court’s order of a remittitur or, alternatively, a new trial.

This action began when Randall Chambers, Susan Chambers, and Nick Gorham filed a complaint against Jack Kurtz. They alleged that Kurtz had obstructed a roadway which was the sole ingress to and egress from to their property. Later the complaint was amended to add I.W. Eber-hart as a party defendant. The amendment stated that Eberhart was the predecessor in title to the realty and that he had represented that the plaintiffs would have free and unlimited access by the existing road.

Eberha…