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Question: Leffingwell engaged the Bartwell Tree Removal

Leffingwell engaged the Bartwell Tree Removal Service to cut down and remove a diseased tree from her property. When the work began, it was a calm day. As the work progressed, however, a high wind arose and blew a portion of the tree onto a neighbor’s car, causing considerable damage. The neighbor brought suit against Bartwell, charging negligence.
a. Does it seem likely that the accident could have been prevented?
b. Could the owner of the car be charged with negligence for parking his car in a place where it could be damaged by the falling tree?
c. Would the neighbor have a sound basis upon which to sue for damages?
d. Do the circumstances seem to support a defense Bartwell might make claiming that this was an unavoidable accident?


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