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Keywords

lawsuitplaintiffdamagesnegligenceappealtrialcomparative negligence
lawsuitplaintiffdamagesnegligenceappealtrialcomparative negligence

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Tint v. Sanborn, 211 Cal.App.3d 1225, 259 Cal.Rptr. 902

Facts

On February 7, 1984, Larry Tint filed a lawsuit against Bruce Sanborn, claiming that Sanborn's trees obstructed his view of San Francisco, which negatively impacted his ability to sell his property. Tint argued that the trees violated a recorded declaration of restrictions and a local view ordinance. The jury found in favor of Tint, awarding him $12,500, but he later contended that the damages were inadequate and that the jury had been misinstructed regarding comparative negligence.

On February 7, 1984, Larry Tint filed a lawsuit against Bruce Sanborn, claiming that Sanborn's trees obstructed his view of San Francisco, which negatively impacted his ability to sell his property.

Issue

Whether comparative negligence can be asserted as a defense in a nuisance action for damages to real property resulting from the alleged negligent maintenance of a nuisance.

Whether comparative negligence can be asserted as a defense in a nuisance action for damages to real property resulting from the alleged negligent maintenance of a nuisance.

Rule

Comparative negligence is available as a defense in actions for damages to real property sounding in nuisance, and whether the plaintiff was comparatively negligent is a question for the jury.

Comparative negligence is available as a defense in actions for damages to real property sounding in nuisance, and whether the plaintiff was comparatively negligent is a question for the jury.

Analysis

The court applied the rule of comparative negligence to the facts of the case by determining that the jury's instructions regarding comparative negligence were appropriate given that Sanborn raised the issue of negligence in his defense. The court noted that the jury could consider Tint's delay in seeking abatement of the nuisance and his possible acquiescence to the existence of the trees when assessing damages.

The court applied the rule of comparative negligence to the facts of the case by determining that the jury's instructions regarding comparative negligence were appropriate given that Sanborn raised the issue of negligence in his defense.

Conclusion

The Court of Appeal affirmed the trial court's judgment, concluding that the jury was properly instructed on comparative negligence and that there was sufficient evidence to support the jury's findings.

The Court of Appeal affirmed the trial court's judgment, concluding that the jury was properly instructed on comparative negligence and that there was sufficient evidence to support the jury's findings.

Who won?

Bruce Sanborn prevailed in the case because the Court of Appeal affirmed the trial court's decision, supporting the application of comparative negligence in nuisance actions.

Bruce Sanborn prevailed in the case because the Court of Appeal affirmed the trial court's decision, supporting the application of comparative negligence in nuisance actions.

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