Butori v. Bosma

Summary

The Oregon Court of Appeals affirmed a judgment awarding Tom Butori $810,000 in treble damages for a willful or intentional timber trespass by Henry Bosma and Bosma Enterprises, Inc. The court held that testimony concerning Butori's own belief about the property line was not hearsay, that evidence of a prior settlement was properly admitted for the limited purpose of proving intent or knowledge, and that sufficient evidence supported Bosma's personal liability for his own acts.

Holdings

1. The testimony was not hearsay because Butori testified to his own belief about the property line and did not convey any out-of-court statement or assertion made by the county surveyor.
2. The trial court acted within its discretion in admitting the prior settlement agreement, including a redacted copy, because it was offered to show defendants' knowledge of the property-line dispute and whether the alleged trespass was willful or intentional, not to prove liability for the current claim. The redaction of the settlement amount and limiting jury instruction adequately addressed the risk of unfair prejudice.
3. The trial court properly denied Bosma's motion for a directed verdict because sufficient evidence allowed the jury to find that Bosma personally directed the conduct that caused the timber trespass. An LLC member or manager is not liable solely because of that status, but remains liable for the member's or manager's own actionable acts or omissions.

Questions Presented

1. Whether the trial court improperly admitted hearsay when Butori testified about his own belief regarding the location of the property line after meeting with the county surveyor.
2. Whether the trial court improperly admitted evidence of a prior timber-trespass settlement agreement under OEC 408, OEC 403, and OEC 404(3).
3. Whether the evidence was insufficient to hold Bosma personally liable for the timber trespass and therefore required a directed verdict in his favor.

Disposition

affirmed