A landscaping contractor was sued in a trespass case brought by two real estate developers involving a claim for treble damages under Oklahoma’s timber damage statute. The contractor, insurer, and defense counsel felt strongly that the jury would exonerate the contractor as he was hired and directed by the homeowner’s association to remove vegetation and clean up vacant lots in the neighborhood. At trial, Randall Long and Hollis Nix attacked inconsistencies in the plaintiffs’ stories. The plaintiffs made critical admissions at trial that gutted their case against the contractor. The plaintiffs agreed to dismiss their claims at the close of their case in-chief to avoid exposure for the defendant’s attorney fees.
