{"id":1615,"date":"2026-10-26T03:32:41","date_gmt":"2026-10-26T03:32:41","guid":{"rendered":"https:\/\/mamastories.site\/?p=1615"},"modified":"2026-10-26T03:32:41","modified_gmt":"2026-10-26T03:32:41","slug":"my-neighbor-oak-tree-lawsuit","status":"publish","type":"post","link":"https:\/\/mamastories.site\/?p=1615","title":{"rendered":"My Neighbor Sued Me Over the Oak, Then the Arborist Checked the Stump"},"content":{"rendered":"

$18,000 was the number on the letter my neighbor left in my mailbox.<\/span> He said my oak tree had fallen on his truck during a storm on June 12, and he wanted me to pay for the damage.<\/p>\n

The letter was folded in half. No envelope. Just my name across the front in Glen\u2019s blocky handwriting, the same writing he used on the little notes he\u2019d leave when he found my mail on the ground.<\/p>\n

I live outside Amarillo, where the wind usually gives you some warning before it starts throwing things around. On June 12, the weather report said 88 degrees, clear skies, and no wind. I checked it twice because I thought maybe I\u2019d pulled the wrong date.<\/p>\n

Glen had pictures. A crushed hood, branches on the ground, his truck parked beside my oak. My insurance company said they\u2019d handle the claim, and at first I was glad. I didn\u2019t want to fight with a neighbor over a tree. I also didn\u2019t want to pay $18,000 for something I hadn\u2019t done.<\/p>\n

The arborist looked at the stump and said, \u201cThis tree didn\u2019t fall.\u201d<\/span><\/p>\n

I didn\u2019t understand what he meant at first. I thought he was talking about the branches.<\/p>\n

He wasn\u2019t.<\/p>\n

Glen and I had lived next door to each other for eleven years. He was 63, a widower, and pretty handy with engines. I was 58 and worked part time at the county library. We weren\u2019t close-close, but we borrowed things. I\u2019d take his trash bin back up the drive if I saw it tipped over. He\u2019d bring me tomatoes when his garden got ahead of him, which was most summers.<\/p>\n

He used to park his truck under the oak on hot days. I remember thinking that was nice of the tree, in a way. It gave him shade, and it dropped those long skinny leaves all over the hood, which he\u2019d complain about while he brushed them off.<\/p>\n

That truck was his pride. It was an older Ford, but he kept it running and clean. The year before, he\u2019d shown me the new seat covers and said he wanted it to last until he quit driving. I don\u2019t know why I\u2019m telling you that except it made the photos harder to look at. The truck didn\u2019t look like itself anymore.<\/p>\n

The first strange thing was that Glen said the tree came down during a storm.<\/p>\n

I called him after I got the letter. I was still in my kitchen, standing beside the counter where I keep the phone charger, and I said I couldn\u2019t remember a storm on June 12.<\/p>\n

\u201cMaybe it was the night before,\u201d he said.<\/p>\n

I told him the letter said the tree fell on the 12th.<\/p>\n

He went quiet for a second. \u201cThat\u2019s what happened.\u201d<\/p>\n

I asked whether he\u2019d called the insurance company already.<\/p>\n

\u201cI\u2019m handling it,\u201d he said.<\/p>\n

I should\u2019ve left it there. Instead, I said, \u201cI\u2019m going to let my insurance company look at it.\u201d<\/p>\n

He sighed, like I was making something harder than it needed to be. \u201cFine.\u201d<\/p>\n

At that point, I still thought there was some mix-up. Maybe he\u2019d got the date wrong. Maybe there\u2019d been a small storm that didn\u2019t make the weather report I found. I\u2019m not proud of this, but I also wondered if I\u2019d forgotten something. I can get a date wrong. I once drove to a dentist appointment on the wrong Tuesday and sat in the parking lot for twenty minutes before I figured it out.<\/p>\n

So I checked the weather record again. Clear skies. 88 degrees. No wind.<\/span><\/p>\n

I printed it out and put it in a folder with Glen\u2019s letter. Then I called my insurance company.<\/p>\n

The woman who took my report was calm and polite. She asked if I had pictures of the tree before it came down. I did, sort of. In a photo from a family barbecue the previous spring, the oak was in the background. A few months later, I\u2019d taken another picture because one branch was hanging lower than I liked.<\/p>\n

The tree was old. It had a split near the base and some dead growth on one side. I\u2019d called a tree service about trimming it. They gave me a price, and I put it off. I won\u2019t pretend that didn\u2019t make me nervous. If I\u2019d acted sooner, maybe Glen wouldn\u2019t have a smashed truck. At least, that was what I told myself.<\/p>\n

The insurance adjuster asked me not to call Glen again while they looked into it. I agreed. Then I called him anyway two days later, because I hated the idea of him thinking I was ignoring him.<\/p>\n

\u201cI\u2019m not trying to make this personal,\u201d I said.<\/p>\n

\u201cIt\u2019s already personal,\u201d Glen said. \u201cIt\u2019s your tree.\u201d<\/span><\/p>\n

I remember the smell of burnt toast because I\u2019d forgotten a piece in the toaster. I turned it off while he was talking, which was a stupid thing to notice, but I did.<\/p>\n

\u201cI understand you\u2019re upset,\u201d I said.<\/p>\n

\u201cI\u2019m out eighteen grand.\u201d<\/p>\n

He hung up before I could say anything else.<\/p>\n

The insurance company sent an adjuster to take pictures. He walked around the yard and looked at the stump. He didn\u2019t say much. He measured the distance from the stump to where Glen said the truck had been and wrote it down on a clipboard.<\/p>\n

Then he asked if I\u2019d hire an arborist.<\/p>\n

I thought the insurance company was doing that. He said they\u2019d cover the inspection if I wanted an independent report. I called a local arborist named Cal, who came out the following Monday.<\/p>\n

That\u2019s when the second strange thing happened. Cal didn\u2019t start with the branches. He went straight to the stump.<\/p>\n

He crouched down and ran his fingers along the cut surface. Then he got up and walked around it. I stood there trying not to hover. I\u2019m not good at waiting for people to tell me bad news, so I asked if the tree had rotted.<\/p>\n

\u201cSome of it,\u201d he said. \u201cBut that\u2019s not the main thing.\u201d<\/p>\n

He pointed at two marks low on the trunk. I\u2019d seen them before and figured they were from a mower or one of Glen\u2019s old yard tools. Cal said they were saw cuts. Not fresh ones, either. The exposed wood had started to darken, and the edges had dried.<\/span><\/p>\n

He looked at me and said, \u201cThis tree didn\u2019t fall over from wind.\u201d<\/span><\/p>\n

I asked how he could tell.<\/p>\n

\u201cIt was cut.\u201d<\/span><\/p>\n

I looked at the stump again. I knew there\u2019d been a cut. Of course there had. The tree had been removed. But I\u2019d assumed it came down during the storm and got cut up afterward.<\/p>\n

Cal showed me where the saw had entered the trunk, then stopped. He said the tree had been cut partway through, not all the way. It had stayed standing, weakened, until it was taken down later. The amount of time was hard to pin down, but it wasn\u2019t something that had happened on June 12.<\/p>\n

I asked if that meant somebody had cut it on purpose.<\/p>\n

\u201cI can\u2019t tell you who,\u201d he said. \u201cI can tell you it wasn\u2019t a storm that brought it down.\u201d<\/p>\n

I paid for the report and sent it to the insurance company. I didn\u2019t send it to Glen. I didn\u2019t want to accuse him based on one person\u2019s word, even though the report was plain enough.<\/p>\n

My insurance company\u2019s adjuster came back. He asked for the pictures Glen had provided, and he asked me for the original files, not the copies in the letter. Glen had sent the company several photos. They were close shots, mostly of the hood and branches. They didn\u2019t show the whole yard.<\/p>\n

The adjuster noticed something I hadn\u2019t. In one photo, the leaves on the branches looked dry. Not dried out from the heat that day, but old and curled at the edges. There was also dust across the truck\u2019s windshield, except for a clean strip where the wipers had been.<\/p>\n

That could\u2019ve meant nothing. It could\u2019ve been a dry day after a storm. But there hadn\u2019t been a storm.<\/p>\n

The adjuster asked if Glen had ever mentioned work on the tree. I said no. Then I remembered a conversation from the spring. Glen had asked me whether I planned to cut down the oak.<\/p>\n

I\u2019d told him I was thinking about trimming it, not removing it.<\/p>\n

He\u2019d said, \u201cThat thing\u2019s half dead.\u201d<\/p>\n

I said, \u201cIt\u2019s not half dead.\u201d<\/p>\n

He laughed and said, \u201cWell, it\u2019s leaning at my driveway.\u201d<\/p>\n

At the time, it sounded like ordinary neighbor talk. The oak did lean a little toward his side. Not enough to make me think it was about to fall, but enough that I\u2019d planned to get the bad branches removed.<\/p>\n

The next few weeks were quiet. The claim stayed open. Glen stopped bringing tomatoes over.<\/span> I stopped bringing his bins back up unless they were actually in my way. That sounds petty. It was petty. I didn\u2019t want to keep doing small favors for someone who was asking my insurance company for $18,000.<\/p>\n

I also missed the old easy feeling of being neighbors. I could hear his garage door open in the morning. I\u2019d know when he\u2019d started his truck because it took two tries when it was cold. I still found myself listening for those things, which embarrassed me.<\/p>\n

The adjuster called me at 4:40 on a Thursday. I was at the library, sorting returned books into a cart. He said the report and the photos raised concerns about whether the damage had happened when Glen claimed it did.<\/p>\n

He\u2019d asked Glen for more information. Glen sent another set of pictures, this time including a wider view. The truck was parked under the oak. Several thick branches were spread over the hood and roof. The stump was visible in the back of the frame.<\/p>\n

There was one problem. The stump in the picture didn\u2019t match the stump Cal had seen.<\/span><\/p>\n

The cut surface was clean and pale in the photo. Cal\u2019s report showed a darkened cut, with weathering around the edges. And the branches in Glen\u2019s picture still had leaves attached, though they were brown. The picture was dated June 12, but the date was part of the file name. The original image information showed it had been saved days later.<\/p>\n

I didn\u2019t know what to do with that. I sat in my car for a while after work with my hand on the steering wheel. I was angry, but I kept thinking of Glen standing by that truck, explaining the seat covers. I kept thinking he\u2019d lost his wife a few years earlier and had been having trouble keeping up with things. I knew about the trouble, not the details. A neighbor had told me he\u2019d been behind on some bills.<\/p>\n

None of that made it okay to blame me. Still, I caught myself trying to make it make sense for him.<\/p>\n

The adjuster said the company was denying the claim. He also told me Glen had filed a lawsuit against me, not just an insurance claim. The court papers came to my house the next week.<\/p>\n

I read them at the kitchen table. The complaint said I\u2019d failed to maintain the tree and that it had caused $18,000 in damage during a storm. It didn\u2019t mention the clear weather. It didn\u2019t mention the saw marks.<\/p>\n

I called the lawyer my insurance company assigned. I\u2019d never had a lawyer before. I thought I\u2019d be more nervous, but mostly I felt annoyed that I had to take time off work and explain what a weather report said.<\/p>\n

The lawyer asked me to gather anything I had about the tree. I gave her the arborist\u2019s report, the old photos, the weather record, and the letter Glen left in my mailbox. I had kept everything in the folder, even the little notes that didn\u2019t matter.<\/p>\n

One of those notes was from March. Glen had written that he\u2019d moved a few loose branches from his driveway and set them by my fence. I\u2019d forgotten about it until the lawyer asked whether he\u2019d ever done yard work on my property.<\/p>\n

I remembered seeing the branches by the fence. I\u2019d assumed they\u2019d fallen from the oak. They were already dry. I thought that was why I\u2019d called the tree service in the first place.<\/p>\n

The lawyer asked me if I remembered Glen using a chainsaw. I said I didn\u2019t. Then I stopped and said, \u201cActually, I heard one in March.\u201d<\/p>\n

I couldn\u2019t say whose it was. I hadn\u2019t looked out the window. I\u2019d been unloading groceries and heard a saw for maybe ten minutes. I assumed someone farther down the road was cutting wood.<\/p>\n

My lawyer didn\u2019t make a big deal of it. She wrote it down.<\/p>\n

The case took months. Glen\u2019s lawyer asked me questions about the tree, the date, and whether I knew it was unsafe. I answered as carefully as I could. I was honest about putting off the trimming. I was honest about the split near the trunk. I didn\u2019t want to sound like I was pretending the tree had been perfect.<\/p>\n

But a damaged tree and a tree cut partway through are not the same thing.<\/p>\n

Glen showed up for the deposition in a pressed shirt. He looked tired. I almost asked him if he was sleeping okay. I didn\u2019t. There are moments when being kind can turn into helping someone avoid what they did, and I wasn\u2019t sure which one this was.<\/p>\n

His lawyer asked whether I\u2019d seen the tree fall.<\/p>\n

\u201cNo,\u201d I said.<\/p>\n

\u201cDid you see it damage the truck?\u201d<\/p>\n

\u201cNo.\u201d<\/p>\n

\u201cDo you have any reason to think Mr. Dwyer cut the tree?\u201d<\/p>\n

I looked down at my hands. \u201cI have a report saying it was cut before the date he gave.\u201d<\/p>\n

Glen stared at the table. He didn\u2019t look at me once.<\/p>\n

After that, his lawyer asked for a break. When we came back, the questions got shorter. I could tell something had changed, though I didn\u2019t know what.<\/p>\n

A week later, my lawyer called to say Glen wanted to settle. The insurer had asked for the original truck repair records, and the dates didn\u2019t line up with the lawsuit. The repair shop had inspected the truck before June 12.<\/span> The initial estimate was for damage that was already there.<\/p>\n

The claim wasn\u2019t just wrong about the storm. The damage had been there first.<\/span><\/p>\n

The insurance company had also asked Glen for records of the tree work. He hadn\u2019t provided any, but my lawyer said the pictures and Cal\u2019s report were enough to make the case look bad for him. Glen agreed to dismiss the lawsuit and withdraw the claim. I wouldn\u2019t owe him anything.<\/p>\n

The case was over, at least on paper.<\/p>\n

I was relieved. I was also furious in a quieter way that took longer to notice. He\u2019d let me wonder whether I\u2019d ignored a dangerous tree. He\u2019d let me spend nights looking at the old pictures and trying to remember exactly when the branches started leaning. He\u2019d made me question my own memory because his truck was wrecked and he sounded so sure.<\/p>\n

The lawsuit ended before the two of us talked again.<\/p>\n

Then, on a Saturday morning, Glen came to my door. He had a small piece of folded paper in his hand. His truck was gone. I\u2019d noticed a flatbed in his driveway the evening before, but I hadn\u2019t known what it meant.<\/p>\n

He stood on the porch and said, \u201cI\u2019m moving.\u201d<\/span><\/p>\n

I didn\u2019t invite him in. I also didn\u2019t shut the door.<\/p>\n

He said the truck had been damaged in a parking lot before June 12.<\/span> He\u2019d been hoping the insurance claim would cover the repair. The tree was in the way, and he\u2019d started cutting it back. He said he\u2019d meant to tell me, then got scared when he saw what the truck repair would cost.<\/p>\n

\u201cI shouldn\u2019t have filed that,\u201d he said.<\/span><\/p>\n

\u201cNo,\u201d I said. \u201cYou shouldn\u2019t have.\u201d<\/p>\n

He looked at the paper in his hand. It was a note about the trash bins, the same kind he used to leave. He\u2019d written that the movers were coming Monday and asked if I\u2019d bring his bins down the drive if they got left behind.<\/p>\n

I almost laughed. Not because it was funny. Because it was so ordinary.<\/p>\n

I told him I would.<\/p>\n

He nodded. He didn\u2019t ask me to forgive him, and I didn\u2019t offer. I did feel bad for him. I hated that I did. He\u2019d made a choice, and I had to let that be true without turning him into a monster or making myself responsible for his fear.<\/span><\/p>\n

On Monday, I rolled his bins down to the curb. His driveway was empty except for two pale patches where the truck used to sit. The oak stump was still there in my yard, with its dark saw marks.<\/span><\/p>\n

I\u2019d planned to have it ground down. I called the tree service and canceled. The stump can stay a while.<\/span><\/p>\n

<\/p>\n

\n

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