Bakr v. Elliott

On June 20, 1990, while driving on Jefferson Street in Eugene, plaintiffs decedent was fatally injured when a large tree limb broke and fell on his pickup truck. In 1981, the city had inspected the tree, observed that it was in “fair condition,”1 and noted that it “needed work.” However, the city’s tree crew did not inspect or engage in any maintenance activity on the tree between 1981 and the time of the accident. Plaintiff brought this wrongful death action against the city,2 alleging that it was negligent in the following respects:

“a. In failing to remove from the tree, or otherwise…