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TORTS, Trespass - Nuisance

SETTLEMENT: $40,000

CASE: Dyer vs. Lukenbihl

COURT DATE: Case not filed/ February 4, 2005

ATTORNEYS: Claimant --Barri Kaplan Bonapart (Bonapart & Associates, Sausalito).

TECHNICAL EXPERTS: Plaintiff ­ Deborah Ellis, arborist and horticulturist, Saratoga.

FACTS & CONTENTIONS: The claimant alleged that the respondent cut major roots of the claimant’s 80-90 foot tree, causing the tree to become unhealthy and in danger of falling from the unauthorized cutting of its roots. Because the tree was a hazard, it had to be removed.

The respondent argued that the claimant’s tree was a nuisance and caused damage to the roof and siding of his home during storms. The respondent admitted cutting the roots of the claimant’s tree but contended that the roots were on his property and the tree was not a hazard and did not pose any danger of falling.

SETTLEMENT DISCUSSIONS: Following a formal demand to the respondent on Sep. 22, 2004, the case settled for $40,000.

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