Damaged garage trial opens in Madison County

Amelia Flood Dec. 7, 2009, 10:12am

A trial involving a Troy woman's damaged garage opened Monday in Madison County with jury selection.

Plaintiff Rebecca Van Scoyk is suing her neighbors Dennis and Cynthia Westfall for negligence and other claims due to a July 2006 accident in which a tree on the Westfalls property fell on Van Scoyk's property.

The trial began at 9 a.m., according to the court docket.

Van Scoyk claims that the Westfalls knew that the tree was dead and hollowed out but did nothing to prevent it falling on Van Scoyk's garage three years ago.

She claims that the fall resulted in the destruction of her garage, its contents, her cars that were stored in it at the time and clean-up costs.

Her original complaint sought damages of $65,017.23. Her amended complaint seeks damages of about $80,000.

The Westfalls deny that they were negligent and responsible for the damage.

Van Scoyk is represnted by Bernard Ysursa.

The Westfalls are represented by James Hodges.

Madison County Circuit Judge Dennis Ruth is presiding. The case had been assigned to then-Madison County Circuit Judge Nicholas Byron.

The case is Madison case number 08-L-473.

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