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MADISON - ST. CLAIR RECORD

Sunday, May 19, 2024

O'Fallon homeowner alleges neighbor cut down tree, damaging her home and pool

Lawsuits
Andrewgleeson

Chief Judge Andrew Gleeson

BELLEVILLE — An O'Fallon homeowner alleges her neighbor negligently cut down a tree on his property, which crashed onto her new pool and other parts of her home. 

Deborah Husted filed a complaint in the St. Clair County Circuit Court against James Wyly, alleging negligence. 

Husted alleges in her compliant that she had a pool installed at her residence in O'Fallon. She claims that Wyly, who owned a property next to her, attempted to cut down a tree on his property in November 2021. Husted alleges the tree Wyly cut down crashed onto her property and onto her pool and other personal property. As a result, she alleges she suffered significant property damage as well as loss of enjoyment of her pool. 

Husted claims Wyly was negligent for carelessly using wedges in cutting down the tree, failed to plan where the tree would fall and failed to use proper "notching" when cutting down the tree. She also claims Wyly was negligent for not taking the property's elevation into account while cutting down the tree.  

Husted seeks monetary relief of more than $50,000 and all other just relief. She is represented by Gary Mack of Belleville. 

St. Clair County Circuit Court case number 22LA0255

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