I Hate Dialysis Message Board
Off-Topic => Off-Topic: Talk about anything you want. => Topic started by: karen547 on June 05, 2010, 07:44:45 PM
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Okay, so my dad is being sued by our neighbor. A few weeks ago, we had a big windstorm, and a branch from a tree in our yard fell into our neighbors yard, causing NO damage to his house or anything. My dad offered to pay for half of the removal cost, or help him remove the branch, which the neighbor refused, and today my dad gets a letter saying hes being sued for 325 dollars. Our neighbor lives next door to his own brother and even he says hes a jerk lol! I hope the judge sees that too. My dad offers to help him and he goes and sues?? some people just really take the cake
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Karen...I worked in the insurance law industry for many years and unless the tree was diseased or damaged in some way that was apparent to your dad, the court should throw this out. The law in most states says that your dad is only liable if he was negligent in some way. If the tree was a live, healthy tree (have your dad take pictures to show the court), then your dad would have no way of knowing a limb was going to fall and therefore can not be held liable. Just because the tree is on your dad's property does not create legal liabilty. Your dad does not even owe the neighbor for the cost of removal unless he wants to pay it as a good will gesture.
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I think it will be dismissed, my dad made numerous attempts to help him with the tree, plus it did no damage, and from what I see it looks healthy, and we had no idea the branch was going to fall. This guy has a few screws missing, his brother says hes a jerk and is extremely cheap. He was also very rude to my dad, saying when the F*** are you going to get your tree out of my yard?? He didnt even introduce himself, just rang the doorbell and spit that out to my dad, and not to mention he has caused my parents unneeded stress, and with my mom being sick and stuff this was just not needed at all. Maybe the judge will see things our way and really give it to him good, or who knows maybe he will side with him.
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That's just Foolishness, on the Neighbors, part. Tell Your Dad, to not Stress about it. The last House, We Lived in, We had a very Healthy 60 Foot Pine Tree in Our Backyard. Our Neighbor said, to Me one Day, " I really wish, You would cut down that Tree " when I asked Why? She said, " Birds, Live in that Tree and they Poop on My Driveway!" She was Serious!
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I think this neighbor would get laughed right out of the court, he should take it to one of the judges on tv, that way we can all see it and have a good laugh lol.
Troy