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MADISON - ST. CLAIR RECORD

Thursday, April 25, 2024

Tree trimmer sues Edwardsville homeowners for failing to remove dangerous tree

Lawsuits
Gregklote

Klote

EDWARDSVILLE — A man who fell while trimming a tree is suing the Edwardsville homeowners for allegedly failing to remove the dangerous trees.

Nathan Chester filed a complaint June 23 in the Madison County Circuit Court against Ernest Moore, Joann Moore and Bobby L. Johnson, doing business as Johnson's Landscaping Solutions, alleging negligence. 

Chester alleges in his complaint that he was at the Moores' home on Monaco Court in Edwardsville on Sept. 6, 2019. He claims Johnson, who was hired by the Moores to do tree trimming on the property, asked him to assist as an independent contractor. Chester alleges that while trimming a tree, a branch snapped and caused him to suddenly fall to the ground in a "violent and uncontrolled manner" and suffer injuries. 

He also claims he has undergone medical treatment, including hospitalization and physical therapy, as a result of his injuries from the fall. 

Chester claims the Moores failed to properly remove the dangerous trees and their branches from their property and to warn of the danger and risk. He also claims they failed to properly inspect the trees to ensure they were safe, failed to maintain the premises in a good and safe condition, failed to warn him of the dangers, failed to barricade the danger and failed to remove the dangerous condition.

He claims Johnson was negligent for failing to provide him with proper training and safety equipment, failing to provide any warnings of the dangers, failing to properly inspect the trees to ensure they were safe and that he had "actual and constructive knowledge" of the dangerous condition of the trees due to a prior inspection. 

Chester seeks compensation of more than $50,000 for each count, plus a trial by jury and all other just relief. He is represented by Gregory Klote and Samantha Orlowski of Halvorsen Klote in St. Louis. 

Madison County Circuit Court case number 21-L-000730

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