Company Sued For Negligence In Falling Tree Death

RECENT LITIGATION

UPDATE:  CASE SETTLED

PREMISES LIABILITY

FAILURE TO INSPECT FOR AND REMOVE OBVIOUSLY DISEASED AND DECAYED TREE

COURT: MIDDLESEX SUPERIOR

In this case, a 45 year old husband and father was killed when a tree fell on his truck when he was driving home from work on a windy day.

We filed suit against a commercial property owner alleging that the owner was negligent in failing to inspect for and remove the obviously diseased and decayed tree. The tree was adjacent to a frequently traveled roadway. Dead, diseased and decayed trees along frequently traveled roadways can be extremely hazardous to the public, as this case illustrates. We also alleged that the property owner was liable for maintaining a nuisance on the property.

We asserted that the property owner should have regularly inspected its property for dangerous conditions. Had it done so, it would have discovered the tree hazard and could have removed the tree and prevented the untimely death of this innocent motorist.

The tree was located on the border of a roadway and the defendants disputed ownership of the tree.

After extensive litigation, our client settled the case with both of the alleged owners.