Verdicts and Settlements
TORTS, Trespass - Nuisance
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.