Garner v. Kovalak

OPINION

MAY, Judge.

Terry Garner appeals the small claims court's judgment in favor of Eric Kovalak. Garner raises one issue, which we restate as whether the court erred when it determined Kovalak was not liable to Garner for the damage Kovalak caused to Garner's trees when Kovalak swerved into Garner's yard to avoid a car crash. We affirm.

FACTS AND PROCEDURAL HISTORY

Garner and his wife, Elizabeth, own a property in St. Joseph County that measures just over four acres. Along the north and east sides of the property, next to the roadway, are trees that measure twenty to twenty-five feet tall. At…