ALLEN v. SIMON

No. 04-4.

888 So.2d 1140 (2004)

Raymond Morgan ALLEN v. Louis SIMON and Allstate Ins. Co.

Court of Appeal of Louisiana, Third Circuit.

December 8, 2004.


Attorney(s) appearing for the Case

Aaron J. Allen, Allen Law Office, Lafayette, LA, for Plaintiff/Appellant Raymond Morgan Allen.

Tracey A. Biagas-Hill, Law Offices of Harold G. Toscano, Lafayette, LA, for Defendants/Appellees Allstate Insurance Company, Louis Simon.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, BILLIE COLOMBARO WOODARD, MARC T. AMY and BILLY H. EZELL, Judges.


COOKS, Judge.

During Hurricane Lili, a tree belonging to the defendant fell onto adjoining property, landing on the plaintiff's greenhouse, roof, and swimming pool. The plaintiff hired an arborist to remove that portion of the tree that had fallen onto his property, and he sued the defendant and the defendant's homeowner's insurer, seeking reimbursement for removal expenses. The defendants answered, asserting the affirmative...

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