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RECENT LITIGATION
PREMISES LIABILITY
FAILURE TO INSPECT FOR AND
REMOVE OBVIOUSLY DISEASED AND DECAYED TREE
CASE PENDING: MIDDLESEX SUPERIOR
COURT
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 have 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 have also
alleged that the property owner is liable for maintaining
a nuisance on the property.
We contend 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 case is in the early stages of litigation
and should be ready for trial in early 2009.
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