Yelling "timber" would not have stopped a freshly-cut tree from falling on power lines and damaging the wiring and appliances in Teresa and Tony Reed's Vidor home.
The Reeds are suing Luther Angelo and his company Deep South Logging, claiming the tree-cutting business "created an unreasonably dangerous condition." The Reeds are also suing their neighbors, Robert and Dixie Loftin, who hired Deep South Logging to cut down the tree on their property.
The couple's suit was filed on March 13 in the Orange County District Court.
According to the plaintiffs' petition, the Reeds and Loftins own property on Zoann Street in Vidor, Texas. On June 5, 2007, Deep South Logging was cutting down a tree on the Loftins' property when it crashed into power lines.
"In the process of cutting the lumber, Deep South Logging caused a tree to fall on Ã¯Â¿Â½ the power lines that supply electricity to plaintiffs' residence, which caused property damages to the wiring and appliances in plaintiffs' residence due to a power surge and fire," the suit said.
The suit goes on to fault Deep South Logging for failing to control the Loftins' premises with reasonable care, and also faults the Loftins for hiring the company under the doctrine of respondant superior, Latin for "let the master answer."
The Reeds are suing for actual and consequential damages.
They are represented by Timothy Ferguson of the Ferguson Firm.
The case has been assigned to the 260th Judicial District.
Case No. D080059-c