Tree fall court claim

By Tania Martin
A KALLISTA family is filing a legal case against the Shire of Yarra Ranges after the council claimed it wasn’t responsible for damage caused by a falling tree.
Janet Poulton and her three children, Kierra, Abbey and Campbell, narrowly escaped injury from a falling tree in August last year.
Mrs Poulton said following initial claims by the council that it was responsible, the council’s insurance company was now saying that the shire was not responsible because it was a windy day.
Mrs Poulton is now in the process of filing a case in the Ringwood Magistrates’ Court against the shire to sue for damages.
Shire manager of community relations, James Martin, said the council denies any liability for the failure of the tree and that all the appropriate maintenance and inspections were carried out on the tree.
“There is no evidence in council’s possession to indicate that the tree came down due to ill health or lack of maintenance,” he said.
On Tuesday, 6 September, in the page one story ‘Kids escape death’, The Mail reported that Mrs Poulton had narrowly avoided the falling tree.
Mrs Poulton told The Mail that she was unloading her children from the family car in their driveway when the blackwood snapped at the trunk and fell towards them.
The family had just returned to its Owen Street home in Kallista at 2.30pm on Tuesday, 30 August.
A bulk of the tree landed on the bonnet of the family car and destroyed a fence, clothesline, a garden, and caused roof damage.
At the time of the incident, the Poultons voiced their anger as the family had previously requested that the council remove the tree.
The tree located next door to the Poultons’ home was council property, which Mrs Poulton said she had asked the shire to remove because she feared for the safety of her children.
But at the time, the council’s community relation spokesperson, Simon Ryan, told The Mail that although the tree had exhibited some decay, it was ‘compartmentalised’ (scattered).
Ms Ryan said the council then determined that if the tree was to fall, it would fall in the direction of the Poultons’ driveway, which was a low-risk area.
Mrs Poulton said she was disappointed that it had come to the stage that she has to sue the shire for the damage done to her house.
“At the time of the incident, I was advised by the shire that I was to forward assessments and they would compensate me fully for the damage done to my property,” she said.
Mrs Poulton has since submitted quotations and the claim has now been put into the hands of the council’s insurance company, who have written back to her denying that the council was responsible because of the windy conditions on the day.
Mrs Poulton said she has no alternative but to take action further and submit a complaint in the Magistrates’ Court.