Oakly Enterprises, LLC v. NPI, LLC
Annotate this CaseThis case stemmed from a dispute over whether the owner of a wood chipper could be held jointly and severally liable, along with two property owners, for damages caused to their property by the chipper's leak of diesel fuel. The chipper's owner had leased it to another person, who abandoned it. The property owners claimed they were only severally liable, if at all, for a portion of the damages and that the chipper's owner was liable for the rest. A jury found that the chipper did not contaminate one of the two properties, but as for the other the jury found its owner jointly and severally liable, along with the chipper's owner. The superior court then equitably allocated damages among the liable property owner, the owner of the chipper, and the chipper's lessee. This allocation left the property owner liable for most of his own loss. property owners appealed the equitable allocation of damages, and an evidentiary ruling and the award of attorney's fees. After review, the Supreme Court affirmed, holding that the superior court properly construed the governing statutes and the evidence rules and that its award of attorney's fees was not an abuse of discretion.
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