Legal Question in Personal Injury in California

Act of God?

I'm not sure if I have the right category, but I will ask my question and hopefully someone will be able to help. In January a tree fell on top of my mother's truck. The area we live in had been hit with really heavy storms prior to the incident which caused numerous trees to be uprooted. The tree fell due to high winds and the ground being completely saturated. We sent a claim in to the city to receive money to repair the damage to the truck. Recently it was denied. First by the city adjustor who said the tree was healthy and fell due to weather conditions so the city was not liable. Another communication was received stating that the claim was presented before the city council and the council denied the claim. My question is, is the city in truth liable for the damages and if they were putting the claim to a vote before the council should my mom have been invited to the meeting to state her case? We are wondering what action we should take from here. She lives on state disability and her truck is her only means of transportation. She can deal with the body damage but its the leaky windshield that is ready to shatter at any time that has us worried. Any help would be greatly appreciated. Thanks.


Asked on 3/05/06, 5:19 pm

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Act of God?

If a healthy tree blows over due to wind and rain, this is generally considered an Act of God. As such, the city would generally not be responsible. If your mom has auto insurance, she should consider filing a comprehensive claim.

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Answered on 3/09/06, 9:47 pm
David Lupoff Law Offices of David B. Lupoff

Re: Act of God?

Mr. Stein is correct. An Act of God would not normally be compensable, but I believe that you should try a small claims action against the city and see what happens. Your risks are a filing fee, a service fee and an afternoon. Be sure to bring the city's responses with you to court and any other documents to prove that you filed this claim within 6 months of the incident that damaged your mother's vehicle.

Good luck.

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Answered on 3/10/06, 1:42 am


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