White v. Asplundh Tree Expert Co.

The plaintiffs, Dr. Leland and Carol White, appeal and the defendant, Asplundh Tree Expert Company (Asplundh), cross-appeals an order of the Superior Court (McGuire, J.) granting Asplundh’s motion for summary judgment on the plaintiffs’ negligence action for personal injuries. We reverse and remand.

The record, viewed in the light most favorable to the plaintiffs, supports the following facts. In November 2001, prior to commencing tree trimming and removal activities in the area adjacent to power lines located along Route 103 in Warner, Asplundh obtained Dr. White’s permission to do tree work…