# Jefferson County v. Flanagan > Court of Civil Appeals of Alabama · July 31, 1998 · 722 So. 2d 763 URL: https://www.frixlaw.com/law-library/cases/9935722 ## Case - **Full name:** Jefferson County v. Michael Flanagan, Jr., and Laura Flanagan. - **Court:** Court of Civil Appeals of Alabama - **Decided:** July 31, 1998 - **Citations:** 722 So. 2d 763; 1998 WL 430382 - **Precedential status:** Published - **Opinion:** Concurrence by Monroe - **Judges:** Monroe, Wright - **Cited by:** 2 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9935722 ## How later opinions describe it (automated extraction) - holding that an error in the admission of evidence of destruction of or injury to landowner's trees was harmless in light of trial court's subsequent instruction to the jury in a negligence and trespass action that the proper measure of damages was the "`difference in the valu… ## Opinion text I believe that damages for trespass and negligence that accrued before September 6, 1995, would be barred by § 11-12-8 , Ala. Code 1975. However, it does not appear that Jefferson County properly made this argument to the trial court. Jefferson County did not make a motion in limine seeking to exclude evidence of damage occurring before September 6, 1995. It does not appear from the trial transcript that Jefferson County objected to testimony of damages as being time barred at trial either. Jefferson County did argue that all claims of trespass and negligence were barred by this statute; however, the evidence showed that many of the claims accrued after September 6, 1995. Therefore, the trial court was correct in denying Jefferson County's requests to hold that all such claims were barred. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935722. Public record. Not legal advice.