Is There A Tree In Court: YES!!!

Meet Expert Witness Carl Cathcart

Carl A. CathcartTrees don’t grow in court, but their legal issues do!  Expert Tree Witness Carl Cathcart has been in federal and state courts testifying about tree law for 40 years.

Trees and Golf

Regularly golfing at Fort Devens, this golfer also worked there.  At day’s end, wind blowing or not, he usually got in his 18 hole round.  It happens to all of
us—the ball goes into the woods.  Trying to return to the green and lining up his shot, the golfer was hit by a tree branch, which crushed his shoulder and damaged it so badly he could never golf again.  In court it was agreed that this federal golf course was responsible for tree management and the wounded golfer won a $1 million settlement.  Unable to golf again, one might ask if this was enough!

Act of God

Can you believe if a healthy tree falls and you get hit, it could be an “Act of God” and no liability on owner of tree results?  Make that tree an old, crumbling somewhat dead tree, and if that tree falls on you – you could win big in court because the owner was negligent in maintaining his property’s trees.

A Three Way

Tree falls onto woman and traps her there.  Of course, lawsuit.  Maintaining the property, both the owner and the town previously cut down two trees leaving the one damaged tree.  Three attorneys (for town, owner and victim) in court and three days later, the court found the property owner AND the town guilty (using Carl Cathcart’s 7 hour deposition as evidence), a lucrative settlement was reached for the wounded woman.

Death From a Tree 

In Lenox, a tree falling and killing a woman resulted in town insurance compensating the victim’s family; it was determined the town owned the tree.  Many times with death from a tree, the person’s family gets money even if it is determined to be an Act of God – because most homeowners have that in their home insurance coverage.

Spite (Petty Malice)

When your neighbor has a tree that inhibits light from shining on your swimming pool and the tree also drops it’s debris making for a messy swim, watch out!  TRIPLE DAMAGES if you cut your neighbor’s tree down to get that sunshine on your pool.

About Carl Cathcart 

Carl Cathcart has 45 years of experience in tree industry in management, arboriculture and consulting.  He is a member of 13 organizations and associations in Massachusetts and California. He has a degree in Arboriculture and Ornamental Horticulture and received awards from American and Boston Society of Landscape. For more information, look at www.treeconsultant.com.

About OfficeSolutionsPlusLLC.com – Owner and Author Elizabeth Tice

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Elizabeth Tice has owned OfficeSolutionsPlusLLC.com since 2007. The company specializes in State Certified Transcription, Depositions, Open Meeting Law and Public Hearing Transcripts and all types of Interviews and Meeting Minutes.

“First we will be best, then we will be first.”

 

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