[vc_row][vc_column width=”5/6″][vc_column_text]A jury trial took place in Will County, Illinois over August 29 through Sept. 7. WilliamsMcCarthy partners John Holevas (first chair) and Joel Huotari (second chair) represented one of two defendants, Buckeye Partners L.P. Attorney Stephen Ayres (of Heyl Royster’s Chicago office) represented defendant Asplundh Tree Expert Company. Attorney John Schrock (of Plainfield, Illinois) represented plaintiff, Melvin Oldendorf.
Buckeye was alleged to have wrongfully cut 36 oak trees along its pipeline, which runs through an easement across plaintiff’s land. Plaintiff sued Buckeye and Asplundh Tree Expert Company (the tree trimming service Buckeye hired to perform the trimming). Plaintiff sought $1.9 million in damages under Count I, calculated as three times the value of the trees. This is the measure of damages available under the Illinois Wrongful Tree Cutting Act (740 ILCS 185/2). Count II alleged trespass, and sought an additional $1.9 million, plus $250,000 from each defendant for punitive damages.
The jury was instructed that, in order for plaintiff to prevail on the Wrongful Tree Cutting Act count, they would have to find that the trees that were trimmed were killed, or would be killed, as the proximate result of the trimming. Both sides provided the testimony of expert witnesses. After deliberating for a few hours, the jury returned a defense verdict, finding neither defendant liable for trespass, and neither defendant liable for a violation of the Wrongful Tree Cutting Act.[/vc_column_text][/vc_column][vc_column width=”1/6″][/vc_column][/vc_row]
