Dispute over tree crashing onto house, car, other property
KINGWOOD — A Rowlesburg couple is suing the town for damages done when a tree fell from the town’s property onto theirs.
In its reply, the town “admits trees located on its property fell onto plaintiffs’ property” but denies the town is at fault, saying “plaintiffs’ claims are barred by an intervening or superseding cause … or act of God.”
Jim and Barb Darlington, of Spring Street, Rowlesburg, filed the suit in Preston County Circuit Court. They are requesting $8,000 to cover compensation for damages, labor, tree removal and clean up, plus court costs. They filed the suit themselves, without an attorney.
Along with the three-sentence complaint, the couple included a copy of a bill from a tree service for $850 to “remove two trees on vehicle in backyard” and $2,760 to remove wood and brush in the backyard.
The Darlingtons said that “trees on the Town of Rowlesburg property fell onto our property, causing damage to a car, stove pipe, window, siding, gutter, [clothesl line and yard. The tree needs removed and other trees need removed to prevent future damage.”
In the town’s reply, attorneys Ashley Hardesty Odell and William Austin Smith, of Bowles Rice LLP, assert that the suit is barred by law. They also say the town “acted reasonably and appropriately under the circumstances.”
The damages were not caused by the town’s action or inaction, “but were caused by the actions or inactions of other entities and individuals for whose actions defendant has no control and bears no legal responsibility,” the town says.
Furthermore, the Darlingtons failed to mitigate the damages, the town contends.
Rowlesburg requests a jury trial.
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