Birchler v. Castello Land Co.

— Castello Land Company (Castello) and J.R. Hayes & Sons, Inc. (Hayes) destroyed the trees and vegetation of various homeowners, and were found liable by the jury at trial for damages, which were trebled by the trial court pursuant to RCW 64.12.030. The jury also awarded emotional distress damages of $2,000 to each of the homeowners. Castello and Hayes now contend emotional distress damages cannot be recovered in a statutory action for injury to trees and shrubs because the plaintiffs must elect either statutory or common-law remedies. We hold emotional distress damages, if proved, may be…