Carter v. DONE

137 I respectfully dissent from the decision of the majority because I am convinced that the Carters did not establish all of the elements necessary to prevail on a claim of trespass.1 Furthermore, even if the Carters had proved that the Dones were Hable in trespass, I would reverse the award of damages.

L Liability

138 "The essential element of trespass is physical invasion of the land; [t]respass is a possessory action." Walker Drug Co. v. La Sal Oil Co., 972 P.2d 1238, 1243 (Utah 1998) (alteration in original) (internal quotation marks omitted). As the Restatement of Torts explains, the…