Achievements & Results
Melissa Bailey and Fred Valz Win Summary Judgment in Tree Fall Case
Melissa Bailey and Fred Valz won summary judgment in a case alleging property damage as a result of a fallen tree. We argued that the property owner was not liable for the damage caused by the fallen tree because there was insufficient evidence that the tree was patently diseased prior to it falling down. The plaintiff argued that she had warned our business-owner client that she believed the tree was diseased several months prior. Granting our motion for summary judgment, the trial court held that the plaintiff had failed to carry her burden of proving patent damage to the tree, and summary judgment was appropriate in favor of our landowner client.