Lewis v. Krussell

During a windstorm, two large healthy hemlock trees fell on the home of Dawn Lewis and Darold Teitzel. Lewis and Teitzel sued Gary and Nancy Krussel, who owned the property on which the trees had been growing. Because there was no evidence that the Krussels had any reason to believe that these particular trees posed a hazard, the trial court granted the Krussels’ motion for summary judgment. On appeal, Lewis and Teitzel urge us to hold that a landowner who has notice that other trees of *180the same species have fallen has a duty to remove his healthy trees. We decline to so hold and, thus,…