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Torts
Tree Trimming Negligence
Trespass

Ming-Chien Tang Lu v. Elizabeth McCall, David Cram, Jeffrey Jussen, Diamond Tree Service

Published: Jul. 22, 2000 | Result Date: Apr. 14, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 8024819 Verdict –  $560,000

Judge

Carl W. Morris

Court

Alameda Superior


Attorneys

Plaintiff

Malcolm Sher

Carla V. Minnard
(The Minnard Law Firm)


Defendant

Frederick D. Schwarz

Ann M. Elston


Experts

Plaintiff

Walter S. Barrows
(technical)

Alison Teeman
(technical)

Defendant

Kenneth Kammeyer
(technical)

Richard M. Betts
(technical)

James Clark
(technical)

Facts

Defendants McCall and Cram, who were plaintiff's neighbors, hired Diamond Tree Service. Diamond Tree Service entered onto plaintiff's property by means of a step ladder over a 7-feet high fence atop a 10-feet high retaining wall and chopped three trees to the ground while plaintiff was at work. Jeffrey Jussen, defendant's gardener, then trespassed on plaintiff's property, drilled trees and poisoned them.

Settlement Discussions

The plaintiff demanded $120,000 at the pre-trial conference. Defendant McCall offered $45,000. Defendant Diamond Tree Service offered $5,000. Jussen settled for $2,500 before trial.

Damages

$170,000 property damage, trebled per C.C.P. Section 733 and Civil Code Section 3346 to $510,000, plus emotional distress of $50,000.

Other Information

Defendant's motion for new trial or remittitur was denied. Cross-defendant's motion for judgment on the cross-complaint for indemnity and tort was granted. Judgment for indemnity and all attorney fees.


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