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Plaintiff alleges negligence against homeowners over tree limb damage

SOUTHEAST TEXAS RECORD

Friday, April 4, 2025

Plaintiff alleges negligence against homeowners over tree limb damage

State Court
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District Courts of Harris County | Official website

Barrett Cartage Systems, Inc., a Houston-based trucking company, has filed a lawsuit against two Harris County residents, alleging negligence that resulted in significant damages to one of its delivery trucks. The complaint was filed on March 13, 2025, in the District Court of Harris County, Texas, against Steven and Adriana Borsos.

The case stems from an incident on December 3, 2024, when a Barrett Cartage Systems (BCS) delivery truck was damaged by an overhanging tree limb while traversing Drummond Street in Houston. According to the petition filed by BCS, the limb struck the top of their truck and fell due to being lower than the required height standards set by local ordinances. The plaintiff claims that this incident caused approximately $34,162.76 in damages to the vehicle and resulted in further financial losses due to the inability to use the truck for business operations.

BCS argues that as property owners of 3510 Drummond Street where the incident occurred, Steven and Adriana Borsos were negligent in maintaining their trees according to city regulations. Specifically, they cite Texas Code of Ordinance Section 10-363(b)(3), which mandates property owners remove limbs likely to cause injury. The complaint highlights that both the Houston Park and Recreation Department and the Houston Forestry Department require tree limbs extending over roads to maintain a minimum height clearance of 14 feet—standards not met by the defendants' property.

The plaintiff asserts that this negligence led directly to their financial losses, which include not only repair costs but also lost profits averaging $1,343.13 per day since February 28, 2025. As such, Barrett Cartage Systems is seeking monetary relief amounting to $250,000 or less from Steven and Adriana Borsos for actual damages incurred due to loss of use and repair costs.

Represented by attorneys Simon W. Hendershot III and Sarah M. Vida from Hendershot Cowart P.C., Barrett Cartage Systems is asking for a judgment against both defendants jointly and severally. They seek compensation for actual damages including repair costs and loss of use damages as well as court costs and interest.

This case is being heard under Case ID 2025-17266 with Judge Jarod Stirrup presiding over proceedings at Harris County's District Court.

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