City and Couple sued for injuries caused by a tree

David Eugene Wolfe has sued the City of Huntington as well as a couple – James and Sally Weiler – alleging that he was injured when a tree fell on him.[1] The complaint filed this May 22 in the Cabell Circuit Court indicates that on August 22, 2013, as Wolfe was walking along Edgemont Road in Huntington, a tree and its large branch fell on him, causing him several severe injuries.

Wolfe was trapped underneath the branch and along the road for several hours, during which he suffered a large number of bee stings. The Cabell County EMS that came to his rescue, were unable to get close to him because of the amount of bees that surrounded the tree. After a lot of toil, the EMS eventually was able to transport Wolfe to the Cabell Huntington Hospital, where he underwent a surgery.

According to the complaint, the property along the Edgemont was owned by the Weilers. Wolfe claimed that they failed to maintain and inspect their property and also provide warning of any known dangers.

On the other hand, the City has been sued as there was an easement eight feet along the roadway that it should have been maintaining, which it failed to. Wolfe also claimed that the City failed to monitor and maintain trees that it knew or should have known were a threat to those who drove or walked along the road. The City was negligent in performing roadwork that further contributed to the then existing dangerous condition along the roadway, thus deteriorating the condition of the trees along the roadway.

Wolfe is seeking compensatory and punitive damages with pre- and post-judgment interest in his suit, which has been assigned to Circuit Judge Christopher D. Chiles.