Facts

The El Dorado County Dept. of Transportation needed to clear a 50-foot tree that was blocking the street. The fallen tree became tangled with other trees when workers tried to push it, so they decided to cut the tree at the street's junction with a residential lot. One worker was about to push the cut portion out of the street when a second tree fell into the voltage lines and sent a surge of high voltage into Gregory and Angelene Hall's home, causing it to catch fire. The Halls' insurer, California State Automobile Association, sued El Dorado County for inverse condemnation, negligence, trespass and nuisance. The trial court dismissed the inverse condemnation cause of action.

PLAINTIFF'S CONTENTIONS:
The plaintiff's expert testified that defendant's removal of the fallen tree separated the joint root ball supporting the second tree, causing it to fall.

DEFENDANT'S CONTENTIONS:
The defense experts testified it was uncertain whether the movement of the first tree had anything to do with the second tree falling.

Damages

$232,000

Result

Defense.

Deliberation

four hours

Length

three days