Couple says landscaper ruined five trees

A Galveston County couple is suing over claims a landscaping company ruined five elm trees on their property.

Nelson and Liana Grant filed a lawsuit Oct. 16 in Galveston County District Court against David Toney and David's Trees-R-Us, citing breach of contract.

According to the complaint, on Nov. 18, 2013, the Grants negotiated with Toney, president of David's Trees-R-Us, to hire the company to remove one to two feet from the tops of five mature elm trees on their property on Megan Lynn Lane in League City and fertilize them for $1,000.

Liana Grant says that after the company performed the work Nov. 20, 2013, she returned home to find nothing but five stumps on her property but Toney assured her the trees would grow back "as full as they were" that spring, so she paid him the agreed upon $1,000. The lawsuit states spring came and went and the trees are still deformed, and, according to an independent arborist, may not recover.

David's Trees-R-Us and Toney are accused of violating the Texas Deceptive Trade Practices-Consumer Protection Act and the company is also accused of breach of contract.

The Grants seek actual, treble, punitive and exemplary damages, attorney fees, interest and costs of court.

They are represented by attorney Nishi Kothari of Arguello, Hope and Associates in Houston.

Galveston County District Court case number: 14-CV-1099