DALLAS — A lawsuit has emerged in the aftermath of a severe incident in Lakewood, where an oak tree fell onto an SUV, seriously injuring the driver. The plaintiff, Maisie Marsau, alleges that the tree’s owner, Dan Patterson, was aware of the hazardous condition of the tree before it caused the accident.
Marsau, 32, was driving on Wendover Road when the tree collapsed, resulting in a catastrophic spinal cord injury that has left her paralyzed from the neck down. This painful event has heightened concerns about property safety and owner responsibility in the community.
In the lawsuit, Marsau and her husband claim that Patterson had received multiple warnings about the trees’ precarious state, including the one that fell and injured her. However, the complaint does not provide specific evidence to support this assertion.
Patterson holds significant expertise regarding tree care, having led various tree preservation organizations, including the Texas Trees Foundation and the National Arbor Day Foundation. This background raises questions about his responsibility in maintaining the trees on his property.
Chad Ruback, an attorney not involved in the case, noted that the allegations pose significant challenges for Patterson. He stated that the case hinges on what the homeowner knew or should have known about the condition of the tree and whether he acted reasonably based on that knowledge.
Following the incident, Patterson described the tree’s fall as possibly stemming from heavy spring rains which he believed caused the tree’s weight to become unmanageable. He claimed to have a grounds crew for regular tree maintenance. However, the lawsuit argues that the tree had a hollow base and internal decay, indicating it had deteriorated significantly prior to the accident.
Ruback believes the case has enough merit to proceed to either a settlement or a jury trial. The defense has yet to respond to the allegations, leaving the complete story of the incident still unclear.
Marsau and her husband are seeking $1 million in damages, which they say will cover her medical expenses and support for their six-month-old daughter. The outcome of this case could have broader implications for homeowners regarding their liability for tree maintenance.
Attempts to contact Patterson for a statement regarding the lawsuit have so far been unanswered.
This incident raises ongoing concerns about property management and public safety, particularly regarding the maintenance of trees in residential areas.
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