Mahurin v. Lockhart

Plaintiff, Carl Mahurin, brought this action in the Circuit Court of Madison County to recover damages for personal injuries sustained when a dead branch extending over his property fell from a tree belonging to defendant Lois Lockhart, an adjoining landowner, and struck him. In his complaint, plaintiff alleged that defendant failed to prune the tree or take other necessary precautions after plaintiff warned him of the condition of the tree and the dangers it posed. Defendant moved to dismiss the complaint alleging that a landowner is not liable for physical harm to others outside of the land…