Question

COD 1- Requires Respondus LockDown Browser Feb 26 at 5:46pm Instructions ead each question carefully and select/write the most appropriate response. There is an extra credit question available in the Assignment section of Canvas. It is available from opm-8pm. Good Luck Question 1 Spl A tree falls from Helen Homeowner's property onto the parked car of Nelly Neighbor, who lives next-door to Helen. The car was very valuable and is now a total loss. Both parties agree that the tree was not diseased. They also agree that the tree fell because of an act of nature-anie storm that had weighed down the tree's limbs. The only question is whether under applicable state law, the homeowner on whose land the tree grew is liable for the loss or whether the automobile owner must bear the loss for an event caused by an act of nature. Can this case be disposed of prior to trial with a pretrial motion? If so, what pretrial motion would be appropriate in this case in your answer. discuss whether evidence outside the pleadings could properly be considered. B WA--IE #2 . XEE - 2 V TT 12pt Paragraph

Answer 1

In the given case the homeowner is not responsible for damages, it is an act of nature and no person can be held responsible for it. In case if the tree is deceased, then homeowner might be responsible because, she is bound to cut down the tree. But as the case is completely because of nature car owner had a loss and it can't be recovered by filing any pretrial motion.