HomeMy WebLinkAbout06-13-22 Correspondence - N. Gallup - Insurance Claim LB2022008545 June 6, 2022 FG-13-mmpa
Natalie Gallup
Liability/Property Claims Adjuster
Re: Claim Number LB2022008545
Dear Ms. Gallup,
I received your letter dated May 31, 2022.
1 am disappointed and perplexed regarding your findings that the city of Bozeman did not breach a duty
of ordinary care and thus the City of Bozeman does not have legal liability in the matter of damages to
my Honda CRV from a large limb that fell from a tree located in the boulevard at 312 S. Church.
You state that your investigation determined that the tree in question was healthy and that the cause of
the limb breaking was heavy snow from earlier in the month. I do not agree that you can unequivocally
determine that a snow event sometime in the past was the reason that the branch fell. On the day that
the accident occurred,there was no snow. And, even if as you state, it was a snow event that caused the
ultimate damage to the branch that fell, there is no way to be absolutely certain what snow event was
at fault. It could have been from a snow event years ago. I also ask,why would maintenance of damage
from weather not be considered ordinary care? From the City's Forestry website, it states that the City
Forestry Department is responsible for the cleanup and maintenance of storm damage.
You also state, in support of the City's lack of responsibility,that the City had no prior complaints or
maintenance requests for this tree. I do not see the relevance of this finding in support of your
determination. Nowhere on the City's Forestry website does it state that a private citizen must report or
is required to report broken or damaged trees.
It is also telling that on the day following our initial inquiry about the City's responsibility for the damage
to my car that City crews went to the scene of this incident and began extensive pruning of the tree in
question and many other boulevard trees on South Church Street and even cut down one nearby tree.
This seems to support the conclusion that the trees on that boulevard, including the one that was
involved in the accident, were in fact in need of maintenance.
In summary—A branch from a tree on the city boulevard fell and damaged my car parked on the street.
There is no compelling evidence that that particular branch broke off secondary to a recent snow event.
And even if snow from a recent or past snow event did lead to this particular branch falling, that doesn't
absolve the City from responsibility for timely maintenance of damaged limbs.And as evident from the
City's rapid maintenance response following my communication about the accident, it appears that
maintenance was needed to that area's boulevard trees.
I request that you re-evaluate your findings. I believe that the City should fairly compensate me for the
cost of fixing the damage caused by the branch.
Sincerely,
David L. Levison
406-544-7369
dave.levison@gmail.com
cc: Mayor of Bozeman