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REAL PROPERTY, Property Damage - Negligence

SETTLEMENT: $100,000 (policy limits).

CASE: Adams v. Gill

COURT/DATE: Case Not Filed / March 14, 2003

ATTORNEYS: Claimant --Barri Kaplan Bonapart (Bonapart & Associates, Mill Valley).
Respondent --Thomas A. Campbell (Santa Rosa).

FACTS: On Dec. 14, 2002, during an intense winter storm, a fir tree fell from the respondent's property in Calistoga and destroyed the claimants' house. The claimants were in bed asleep when their home was sliced in two. They narrowly escaped death.

CLAIMANT CONTENTIONS: The claimant alleged that the tree owner was negligent for not having detected that the tree was a potential hazard.

RESPONDENT CONTENTIONS: The respondent contended that the tree appeared healthy and that its failure was an "act of God" that could not have been predicted or prevented.

SETTLEMENT DISCUSSIONS: The settlement consisted of $100,000 (policy limits) payment by respondent homeowners insurance carrier to the claimant.


"The claimants were in bed asleep when their home was sliced in two. They narrowly escaped death."

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