The Michigan appeals court won’t hold a couple responsible for a tree branch that fell and killed a 45-year-old Kalamazoo man during high winds in June 2008.
Joseph Clock’s estate sued Neal and Susan Kemp, claiming they should have known about the dangerous condition of the choke cherry tree. A large branch had fallen off the tree in a storm six years earlier.
But in a 2-1 decision last week, the court said evidence of visible decay was based on “conjecture, speculation and misinterpretation of facts.” The judges said there’s no guarantee that an arborist would have found the problem.
Judge Douglas Shapiro disagreed. He said his appeals court colleagues disregarded valuable testimony from a tree expert.
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