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rosales v. nunez, et al.

premises liability


the case

Plaintiff was in the front yard of the house he leased watching his son play when a large tree branch broke. Plaintiff ran towards the falling tree branch and moved his son out of its path. Plaintiff was struck by the branch and pushed to the ground. Plaintiff sustained injuries including ligament tears in his right knee and right ankle, which required surgery. Plaintiffs claimed that the owner of the property that the tree was located on was negligent because the  tree had not been trimmed in years and the property owner had been to the property and was aware of the dangerous condition of the tree. Defendant claimed that it was the Plaintiff that was responsible for maintaining the trees on the property under the terms of the property lease agreement. Defendant also disputed the nature and extent of Plaintiff's injuries and damages. The case resolved for Defendant's insurance policy limits.

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