Jackson v. Scheible

*809BOEHM, Justice.

In Valinet v. Eskew, 574 N.E.2d 283, 285 (Ind.1991), we adopted Restatement (See-ond) of Torts section 868 permitting possessors of land to be held liable for harm caused by the condition of trees on land near a highway. A seller of land may be liable for harm caused by the condition of trees on the land near a highway if the seller is in possession or control of the condition of the trees when the harm occurs. In this case, the seller did not retain possession or control of routine maintenance, including trimming of trees, and the trial court correctly entered summary judgment…