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About This Page: This is a discussion on Politics within the LetsGoKings.com forums, at Los Angeles Kings Hockey Fan Forum.
Found this story in the OC Register thought it would make for good discussion. If a tree falls on you-is it the citys fault? News: City offers settlement to family

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Old February 28th, 2008, 09:18 AM   #1
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Default Tree Falls on man-City Liable?

Found this story in the OC Register thought it would make for good discussion. If a tree falls on you-is it the citys fault?

News: City offers settlement to family of man killed by tree | gandy, tree, city, white, church - OCRegister.com
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Old February 28th, 2008, 09:31 AM   #2
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Damn skippy! It's all about suing the establishment in this gerat country of ours.
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Old February 28th, 2008, 09:39 AM   #3
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this was a terrible accident that has probably ruined a family.
the tree probably wouldn't have fallen over if the city didn't destabilize its roots for the sake of a sidewalk.

the community of Anaheim gets nice sidewalks without cracks and bumps, but they also get the $700K bill that corresponds to their short sighted negligence.

here is some Monday morning quarterbacking for this issue:
Q: Are the Santa Ana winds fierce?
Q: Does cutting the roots of a tree destabilize the tree?
Q: Does not trimming the top of a tree also make the tree unstable?
Q: Is anybody surprised that a top heavy tree, without any roots in one direction(towards the sidewalk), is toppled by the fierce Santa Ana winds?

anecdotally, i have never seen a tree toppled by the santa anas in my neighborhood. obviously our neighborhood have a better tree trimming policy.

-_Sf
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Old February 28th, 2008, 09:50 AM   #4
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Yes for this reason alone -

Quote:
In August, the family members filed legal claims, which stated that the city failed to trim tree tops, but cut the roots that made the tree unstable in the fierce Santa Ana winds. White said city crews trimmed the roots to prevent sidewalk cracks. The city now is evaluating its tree-trimming practices to avoid future problems.
Also Seraphim explained the same issue.
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Old February 28th, 2008, 09:54 AM   #5
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You'd be liable if the tree was on your property, no? So, since the tree is on the public property, the owner (i.e. the city) should be liable.
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Old February 28th, 2008, 10:04 AM   #6
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Goallum is the new Johnny Cochran!!!
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Old February 28th, 2008, 10:46 AM   #7
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Sure, even the City thinks so.
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Old February 28th, 2008, 11:27 AM   #8
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They should have just cut it down to begin with.

Fewer trees.....fewer tree huggers. Think about it.

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Old February 28th, 2008, 11:36 AM   #9
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Only $700K? Seems pretty small for a guy who just turned 49.
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Old February 28th, 2008, 11:56 AM   #10
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Originally Posted by Mr. Irreverent View Post
Goallum is the new Johnny Cochran!!!
Goallum is Johnny Cochran. It was just a puclicity stunt that he was dead. Too many haters. Johnny/Goallum lives with Milton in the caribbean now.
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Old February 28th, 2008, 12:07 PM   #11
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Goallum is Johnny Cochran. It was just a puclicity stunt that he was dead. Too many haters. Johnny/Goallum lives with Milton in the caribbean now.
I asked for a mai tai, and they brought me a pina colada.
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Old February 28th, 2008, 12:07 PM   #12
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Quote:
Originally Posted by seraphim View Post
this was a terrible accident that has probably ruined a family.
the tree probably wouldn't have fallen over if the city didn't destabilize its roots for the sake of a sidewalk.

the community of Anaheim gets nice sidewalks without cracks and bumps, but they also get the $700K bill that corresponds to their short sighted negligence.

here is some Monday morning quarterbacking for this issue:
Q: Are the Santa Ana winds fierce?
Q: Does cutting the roots of a tree destabilize the tree?
Q: Does not trimming the top of a tree also make the tree unstable?
Q: Is anybody surprised that a top heavy tree, without any roots in one direction(towards the sidewalk), is toppled by the fierce Santa Ana winds?

anecdotally, i have never seen a tree toppled by the santa anas in my neighborhood. obviously our neighborhood have a better tree trimming policy.

-_Sf
Damn...there goes my raise....Scary that Im in agreement with Seraphim but I would agree that this act could have been classified as an "act of god" had the city not been responsible for maintaining the tree top or trimmed the roots. But since they did both, the city is then responsible for anything that happens regarding the tree.

Everytime these Santa Anas kick up tress fall all over the place. during the wind storm of Nov. or Dec. plenty of trees fell in Anaheim Hills. It looked like a war zone out there. Not to mention that the power lines touch and then arc causing fires all over.

But thats Anaheim for you......
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Old February 28th, 2008, 12:45 PM   #13
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is Mr gandy responsible at all for parking under a big ass tree with big time winds kicking up?
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Old February 28th, 2008, 12:50 PM   #14
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Originally Posted by SuxBeingU View Post
is Mr gandy responsible at all for parking under a big ass tree with big time winds kicking up?
I agree, the city should only give the family enough money to buy bootstraps.
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Old February 28th, 2008, 12:58 PM   #15
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Originally Posted by jbruin152 View Post
I asked for a mai tai, and they brought me a pina colada.
I'd definitely sue their asses off for THAT. I f***ing hate coconut!
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Old February 28th, 2008, 01:00 PM   #16
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