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Tree falls, man wants KCMO to pay for damages

Posted at 4:41 PM, Jan 29, 2016
and last updated 2016-01-29 19:24:25-05

Randy Jones wants Kansas City to pay up after a tree limb fell onto his car during a storm. The tree sat on an easement, which is on city property.

Previous story: Who's responsible for downed limbs in my yard? It's not as complicated as you might think

Now the passenger side of his car has three dents, a shattered back glass window, and both doors on the passenger side won’t open. 

His insurance told him they would not cover the damage because the tree was on city property. Jones made a claim with the city and after a month of back and forth talks, the city denied his claim. 

In a letter to Jones, the city states: 

Investigation of this incident indicates that this incident happened due to the high winds and the storms that passed thru the City on the date of December 2015. We have no control over this situation.

Based on our records and a on-site investigation the tree in question was a live tree. 

While we regret this unfortunate incident, and are sympathetic after careful evaluation of the facts, we do not feel that the City, is legally liable and we therefor must decline payment of this claim. 

"I think the city should pay for it because the tree is a whole tree it looks rooted and it looked dead,” said Jones. 

A Google search shows the tree appears to have been dead for some time. This is a look from October 2014. 

While Jones waits for answers, he’s worried about what may happen next. 

"This branch is hanging towards my house, and if it falls again it's either going to fall on, into my property onto my house, and create more problems, more damage,” says Jones.

After 41 Action News made contact with the city, a spokesperson agreed to have the Forestry Division take another look at the tree.

 

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Ali Hoxie can be reached at ali.hoxie@kshb.com.

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