Gerhart v. Piazza
Jeff Gerhart, a horse trainer, leased part of a ranch owned by Mary Elizabeth Piazza and operated by her adult daughter, Michel Ann Walters. During the first two years of his three-year lease, Gerhart had access to the arena, hot walkers, wash racks, and cross ties -- vital necessities of any horse-training business -- which were located in a common area and shared by all of the occupants of the ranch. Early in the third year, however, Walters put up barriers between his premises and the common area and forbade him to use the common area. This interfered with the operation of his business and caused him to lose customers. Walters told him, however, she would sue him if he left, so he stayed at the ranch until the lease was up.
According to Piazza and Walters, Gerhart was hostile; aggressive; and, on one occasion, violent toward their other tenants and those tenants' clients. They put up the barriers as a last-ditch measure to stop him from driving the other tenants away. According to Gerhart, however, they had it in for him after he refused their demand that he pay more rent than the lease called for. The problem worsened after Walters hired a new ranch manager, Greta Hitzeman,[1] who also had it in for him.
A jury found in favor of Gerhart, awarding him $5,200 for breach of contract, plus $45,000 for negligent interference with prospective economic advantage. In addition, in connection with an incident in which loose dogs at the ranch caused Gerhart to be thrown from a horse and injured, they awarded him $55,000 for negligence. (The trial court later reduced this amount to $30,000.)
Appellants contend:
1. The trial court erred by excluding hearsay statements by other tenants of the ranch to the effect that they were leaving the ranch because of Gerhart.
2. Gerhart's counsel committed prejudicial misconduct by repeatedly addressing his client as â€
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