Arnett v. Trace Development Corp.

PONDER, Judge.

Plaintiff appealed from the dismissal of his suit for damages to his automobile caused by a falling tree.

The sole issue is the sufficiency of proof of ownership of property on which the tree falls.

We reverse and render.

Plaintiff’s vehicle was damaged by a falling tree while parked near his apartment on the night of a somewhat severe thunderstorm.

His cause of action is based on strict liability. Loescher v. Parr, 324 So.2d 441 (La. 1975). One of the elements to be proved is that defendant was the owner or custodian of the defective instrumentality. Arceneaux v. Domingue, 365…