Legal Question in Civil Litigation in California

Termited City tree crushed my 2 cars

City was called about badly termited tree 3 or 4 times over a couple of years. Never removed tree as requested. Branch fell, totalled both my cars and now I have payments I never wanted. They say they only will pay fair market value eventhough we had put several thousand into the cars so we wouldn't have payments. They say that is routine maintenance so too bad. The days off from work, where I took vacation are not covered as I was paid but I do not think I should have to use my time for their negligence? I don't want to be made rich, I want to be made whole. Can additional damage be recovered because they were negligent to cover my time, etc? They have since removed the tree.


Asked on 1/25/03, 10:29 pm

2 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Termited City tree crushed my 2 cars

Sorry, but the only thing that you can recover is the value of the cars at the time of the incident. You will have to look at what you would have received from a sale based on the year, milage, condition of the cars. You are also entitled to recover your lost wages as you used your vacation time.

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Answered on 2/03/03, 3:19 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Termited City tree crushed my 2 cars

Thanks for your inquiry.

When the damage is property only, the law can only compensate you for actual monetary losses, so as a result, only damages you have suffered out of pocket are compensable, unfortunately.

Thanks, and I hope this answer helps. If you have any other questions please feel free to email me directly at [email protected].

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Answered on 1/26/03, 2:00 pm


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