Company Sued For Negligence In Falling Tree Death

WRONGFUL DEATH SETTLEMENT REPORT – FAILURE TO INSPECT FOR AND REMOVE OBVIOUSLY DISEASED AND DECAYED TREE

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 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.

When the commercial property owner asserted that the tree was on the property of the Town of Billerica, we added the Town as a defendant. The tree was located close to the border of a roadway, the property line was unclear, and the defendants disputed ownership of the tree.

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

After extensive litigation, our client reached a confidential settlement with both of the defendants.