MARVIN VANN AND MARY M. VANN, HIS WIFE, APPELLANTS,
v.
CHARLES W. BAILEY AND PEGGY J. BAILEY, HIS WIFE, APPELLEES
MARVIN VANN AND MARY M. VANN, HIS WIFE, APPELLANTS,
CHARLES W. BAILEY AND PEGGY J. BAILEY, HIS WIFE, APPELLEES
709 So. 2d 615
Florida District Court of Appeal, Fifth District (1998)
Opinion of the Court
COBB, Judge.
This appeal concerns the liability of an urban property owner for damages to the adjacent property caused by the falling of a large oak limb. We believe that the rule of law applicable to this case is that enunciated by the Sixth Judicial Circuit in Pasco County:
A landowner in an urban area has a duty to exercise reasonable care to prevent unreasonable risk of damage to adjoining property arising from defective or unsound trees on the premises.
Rees v. Cochran, 40 Fla. Supp.2d 185 (Fla. 6th Cir.Ct.1990).
The record in the instant case contains sufficient evidence of actual or constructive knowledge regarding the defective or rotten condition of the laurel oak tree. City of Alachua v. Swilley, 118 So. 2d 88 (Fla. 1st DCA 1960); compare Lisk v. City of West Palm Beach, 160 Fla. 632, 36 So. 2d 197 (1948).
AFFIRMED.
GOSHORN and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lisk v. City of W. Palm Beach, 160 Fla. 632 (Fla. 1948)
- Guar. Sav. Life Ins. Co. v. Jowers, 118 So. 2d 88 (Fla. 1st DCA 1960)
- City OF Alachua v. Swilley, 118 So. 2d 88 (Fla. 1st DCA 1960)