Commissioners being sued by Roy Reynolds for falling tree

Thursday, July 25, 2024 at 3:10 AM

By Kathy Bottorff

The Marshall County Commissioners are being sued by Roy D. Reynolds of Knox for an accident involving a tree falling on his vehicle on June 25^th, 2023.

According to court records Reynolds was driving southbound on Michigan Road at approximately 9:30 at night. As he was approaching the intersection with 5C Road a large, heavy tree suddenly and without warning fell onto the plaintiff’s vehicle.

Reynolds believes that the property owner and the County Commissioners are negligent of failing to properly maintain their property and the trees on their property, failing to trim or cut down trees that are a public hazard, or failing to use reasonable care in maintaining the trees on their property.

The impact of this collision has caused Roy Reynolds to suffer bodily injuries, endure pain and suffering, emotional distress, incur medical bills, lose the value of his time and wages from work, and will continue to suffer such damages in the future. He is asking for a judgement of a fair amount sufficient to fully and fairly compensate Reynolds for his injuries and damages, costs of this action, interest as allowed by law and all other relief that is just and proper.

County Attorney Jim Clevenger told the Commissioners, “Historically a local government would have immunity when a tree limb falls on the roadway during a thunderstorm. The firm representing Mr. Reynolds is taking cases to limit local government immunity.” He said the plaintiff is getting an inspection of the tree by an expert to determine if the tree was diseased. Clevenger continued saying, “If the plaintiff succeeds, the change in law would put an impossible financial burden on local governments.” Examples he gave included special inspection of trees along county roads. Hiring tree experts to alert the Highway department of diseased trees and or cutting down all trees that could fall on the highway.

The Marshall County Commissioners are allowing attorney Lisa Baron with Knight, Hoppe, Kurnik & Knight, LDT to represent them in this case.