Tennessee Court Finds City Not Liable for Death by Fallen Tree

  Monday, November 4th, 2013 Source: Insuramce Journal

The Tennessee Court of Appeals has ruled that Knoxville isn’t liable for a tree that fell on and killed a woman driving on a city street. Judge Thomas R. Frierson wrote for the court that even if the city knew the tree, located on private property, was diseased or damaged, it owed no duty of care to motorists to remove it.“The only allegation of danger or a safety concern in this case is that there was a tree growing on private property and leaning toward the street,” Frierson wrote. “The tree was not alleged to exist on property owned or controlled by the City. “The fact that the City had notice that the tree was leaning toward the roadway, however, does not give the City the right or a duty to remove it from the private land of a citizen.

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