A legal battle has erupted in Harris County, Texas, over a fallen tree that allegedly caused significant damage to a couple's home. The complaint was filed by Jose Maria Ivo and Maria Teresa Ivo on October 17, 2024, against Marc A. Sheiness and Paula R. Wood in the District Court of Harris County.
According to the plaintiffs, Jose Maria Ivo and Maria Teresa Ivo, who serve as trustees of the Ivo 2009 Family Trust Agreement, they own property at 721 Buckingham Drive in Houston. They allege that their neighbors, Marc A. Sheiness and Paula R. Wood, who are trustees of the Sheiness/Wood Family Living Trust, failed to address a dangerous situation involving a leaning pine tree on their property at 9226 Memorial Drive. The plaintiffs claim that they had warned Sheiness about the potential danger posed by the tree as early as November 17, 2023. In an email sent by Mr. Ivo to Mr. Sheiness, he expressed grave concerns stating that if the tree were to fall, it would directly hit their home's bedroom wing and could potentially cause serious injury or even death.
Despite this warning, the defendants allegedly took no action to remove or secure the tree. On May 16, 2024, their fears were realized when the tree fell onto their home causing extensive damage precisely as Mr. Ivo had predicted months earlier. The plaintiffs contend that after notifying Mr. Sheiness of the incident via email on the evening it occurred, he failed or refused to remove the fallen tree from their property.
The lawsuit further claims that on June 24, 2024, a demand letter was sent to both defendants seeking reimbursement for damages caused by what they describe as negligence and private nuisance on part of Mr. Sheiness and Ms. Wood for not addressing what was clearly identified as a hazardous condition.
The plaintiffs are seeking monetary relief amounting to $250,000 or less along with non-monetary relief within jurisdictional limits set by Texas law. They have cited causes of action including private nuisance and negligence arguing that defendants' failure to act resulted in substantial interference with their enjoyment of land causing them emotional distress due to fear and apprehension about safety hazards posed by such negligence.
Represented by attorneys Neil H McLaurin IV., Mitchell Avila Katine., Stephany Alvarez from Katine Nechman McLaurin LLP; Jose Maria Ivo & Maria Teresa Ivo request economic damages incurred due pre-judgment interest maximum extent allowed under Texas law post-judgment interest costs court other legal equitable relief justly entitled Judge Nelson Cuero presides over case number:2024-72394