Sunday, January 24, 2010

Town denies claim resulting from Bradford pear falling on citizen's car, but removes all Bradfords in downtown area; Mooresville, NC

Town removing trees -
A motorist told the Observer that a Bradford pear toppled onto his van as he drove through downtown Mooresville Sept. 11.
'My van was going 30 mph, and it totaled my van, with me in it,' Stephen Horney of Mocksville said in an e-mail. He said the collision hurt his back. The tree fell on a 'clear, wind-free day,' Horney said.
Horney's claim for damages with the town was later denied by Michigan-based Midwest Claims Service, the claim administrator for the company that provides the town's insurance coverage. He said the 2007 Chevy Express sustained $16,000 in damages.
Midwest Claims found that the town had no prior notice of the defective condition of the tree and that a tree branch fell onto the van due to 'natural occurrences' the town had no control over, according to the company's denial letter to Horney.

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