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Judge Judy was Wrong

8 years ago

Watched an episode of 'Judge Judy' that had to do with tree damage. I know, I need to get a life. Anyway, a tree from a neighboring property had been toppled in a storm damaging the fence and gazebo owned by adjacent property owner, who sued for damages. Owner of tree countered with the fact that he had suffered damage to his property by a tree owned by his neighbor that came down in a storm, and was told by his lawyer that because the tree was healthy and posed no known risk, other than being a tree, it was an 'act of God', and he would be liable for any costs incurred. The incident took place in CA.

No one involved declared the tree dead, dying, or dangerous. A picture showed what looked to be a eucalyptus, all green and leafy. Judge Judy ruled the owner of the fallen tree liable for damages. A VERY quick Googling showed Judy to be wrong. California 'tree law' allows that otherwise healthy trees that cause damage due to 'acts of God' are not the financial responsibility of the owner of the tree.

I know that reality shows are for entertainment, but much is said on these court type shows of the expertise and previous experience of the judges involved. I only post this because this has been discussed here in the past, and being about trees piqued my interest. California being California, I though maybe tree laws were different there than every where else LOL.


Comments (9)

  • 8 years ago

    These situations are often governed by local ordinances although general law (at state level) also can apply. Strict liability would only apply to damaged trees or those that were known beforehand to pose a danger. So in the absence of a local ordinance that states something different or more extensive, the ruling appears to be wrong. I've been married to lawyer for over 20 years...

  • 8 years ago
    last modified: 8 years ago

    I've never actually researched this, but based on the fact we never hear "TV judge decision overturned by local court", it's safe to assume 'contestants' sign something similar to a binding arbitration agreement, except the 'arbitration' is taking place in the fake courtroom on TV. Obviously the dispute are real enough and would otherwise be settled in local courts. They would presumably therefore be obligated to comply to those terms of civil (?) settlement, no matter whether the principle of some local law is violated or not. Disclaimer: I have not been married to a lawyer for 20 years...but started watching people's court when I was home sick from school in the 1980s!


  • 8 years ago
    last modified: 8 years ago

    Yep, hadn't looked it up until now, but this is what wiki says about these programs:

  • 8 years ago

    If they both were paid $500 to potentially be edited into looking like a tool or worse on tv amd the settlement was for $1000 I'd say the neighborhood came out pretty good in the end.

  • 8 years ago

    My dad was a State Farm agent for 40 years, and I worked for him growing up, as well as working for another SF agency when I eventually moved out of state. Anyway, from countless claims that I've seen come in, I can tell you that unless the tree had been shown to be in decline, and the neighbor who owned the tree knew about it, there is no liability on their part.

    That's why I despise it when people plant large trees right near their property lines, making their trees everyone else's problem.

    Regarding those court room shows, my brother, who lives in Fl, was called by producers from the Judge Mathis show years ago, when he was suing someone. He said no to their offer to put him on the show. The defendant wanted to be on the show, but my brother didn't.

  • PRO
    8 years ago
    last modified: 8 years ago

    Imagine if your loving grandmother, was Judge Judy! Which I dislike as much as Barny toy! Act of God applies to public trees as well. And since root lifting sidewalk does not actually trip someone, cement does. Government is usually protected against suit by past proceedings settingprecedent. Hey ilovemytrees, even as a Treestorian. I agree with you, fence line trees worst. Along with ones under power lines. And with so many utilities having right of way on parkways, that also could be worst. With planting...Tree owners never take full species size into consideration. Fact is most back yard trees over 55 years old, began growing wild during an era when most property owners did not have fences between each other. Only common gardens where wild tree seeds liked growing, then latter with fences, seeds snagged on fence lines. And fence line trees are the worst, getting tangled in fence.

    Also because fence trees lack any competition on either side of yards, their low limbs grow well into each neighbors yard. Unfortunately worst problem is since young trees never get "Structurally pruned" for one main trunk, like in nursery until sold. Wild trees produce Multiple poorly attached stems which inevitably fail in future. And become issues. California is a state with extreme private tree guidelines. Requiring professional arborist to make official report on trees condition.

    Multiple trunk trees have become such a safety issue, that many insurance companies require property owners to either "Cable limbs together" of remove tree entirely before insuring. Because of ordinances here in Chicago area, neighbor has right to have next doors tree pruned all the way back to line. Roots also. Then some trees end up looking like a townhouse when 1/2 owner installs different color roof or paint job. One side harshly pruned, and other still natural. Everyone needs to know that each individual situation is different. Many times protecting tree owners from more and more property owners that just want tree gone. Because of extra maintenance required in fall raking leaves and cleaning gutters. Sometimes old growth trees that have been in same spot for 350 years become part of legal issue.

  • 8 years ago
    last modified: 8 years ago

    I love the Judge but mostly b/c I like how she treats the idiots that appear in front of her. I really can’t figure out what possesses anybody to appear in front of a gazillion people who will see them for the trash they are. Is being on TV that important to them?

    Also wonder how many collude and create fake disputes, then split the gains when show is over. The judge seems to be good at sifting thru scams but I bet some slip by her.

  • 6 years ago
    last modified: 6 years ago

    Judge Judy cannot pronounce the word “gazebo” she calls it as Ga-Zay-Bow & it’s driving me bananas! (Watching a diff show “$17,000 gazebo gone wrong” s24 e98 - I guess I need a life too lol) If I were the defendant, or even the plaintiff, I would have lost it & screamed “it’s a GAZEBO!!! Don’t talk down to me when you can’t even say the word!” Maybe it’s an inside joke? She also says it WAY more than necessary ... it’s very strange ;>