Mercury Casualty Company v. City of Pasadena
C.A. 2nd; B266959 The Second Appellate District reversed a judgment. The court held that a municipality’s mere ownership of a tree was insufficient…
August 29, 2017 at 05:36 PM
4 minute read
C.A. 2nd;
B266959
The Second Appellate District reversed a judgment. The court held that a municipality's mere ownership of a tree was insufficient to make the tree a “work of public improvement,” so as to subject the municipality to liability for inverse condemnation for damages caused by the tree.
A tree fell during a hurricane and damaged the Pasadena home of Sarah and Christopher Dusseault. The Dussaults filed a claim with their insurer, Mercury Casualty Company. Mercury, in turn, filed an inverse condemnation action against the City of Pasadena, arguing the tree, which was owned by the city, was a work of public improvement, triggering the city's liability for the damages caused when it fell.
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