West Virginia Record

Wednesday, October 23, 2019

Clifftop property owner alleges tree service destroyed her trees

By Noddy A. Fernandez | Apr 20, 2018

FAYETTEVILLE — A Clifftop woman is suing a tree service company and property owner, alleging negligence and trespassing.

Madelyn Smith filed a complaint March 16 in Fayette Circuit Court against Townsend Tree Service Company LLC, Gallagher Bassett Services, Inc., and Norma Isaacs, alleging violation of the West Virginia statute and common law for negligently and wrongfully instigating and arranging for others to enter another person's property without consent.

According to the complaint, in April 2016, the defendants entered Smith's property, 563 Clifftop Loop Road, Clifton, and scalped all or nearly all of the branches off of four of her tress on the side facing Isaacs' house. Smith says the defendants had no permission to enter her property in order to cut, damage or carry away any trees or growing plants inside her property. 

As a result, Smith says, one tree subsequently snapped off about midway up, striking her house and causing damages, and taking down a utility line to her house. 

The plaintiff alleges the defendants illegally entered her property for the purposes of cutting, damaging and carrying away trees and growing plants without permission, let alone written permission.

Smith seeks trial by jury, compensation allowed under West Virginia statute and common law for the value of the tress and growing plants damaged and destroyed, court costs, damages and all other just relief. She is represented by attorney Thomas K. Fast of Fast Law Office LC in Fayetteville.

Fayette Circuit Court case number 18-C-55B

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Fast Law Office, LC Fayette Circuit Court

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