Jennifer Mustoe v. Xiaoye Ma And Anthony Jordan

¶ 1 — A large portion of the roots from two trees growing on Jennifer Mustoe’s property had encroached onto the property of her neighbors, Anthony Jordan and Xiaoye Ma. After Jordan removed the encroaching roots, Mustoe sued her neighbors for damage to the trees and for nuisance. The trial court found, as a matter of law, that Jordan was entitled to remove those portions of roots that had encroached onto Ma’s property and that in so doing, he did not owe Mustoe a duty of due care to prevent damage to the trees. Accordingly, it dismissed Mustoe’s claims on summary judgment. Mustoe appeals.…