Tara Higgins Obtains Summary Judgement in Property Damage Case

Summary judgment was granted in favor of our homeowner clients. In March 2010, 4 plaintiffs were injured (one resulting in death) when  a tree located on our clients’ property fell and struck the plaintiffs. The complaint alleged that the tree was negligently maintained and in a dangerous condition. The Court held that the defendants lacked notice of the alleged dangerous condition of the subject tree. The Court further held that plaintiff’s expert affidavit from a consulting arborist and horticulturalist was based on speculation and surmise.

       
 

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