DALLAS – Two weeks ago, a large oak tree fell on an SUV as it was driving on Wendover Road in Lakewood. A lawsuit alleges that the homeowner knew that their tree was in bad shape before it fell on a car and severely injured a 32-year-old woman behind the wheel.

What we know:

The car and Maisie Marsau in the driver’s seat were crushed by the impact. The 32-year-old suffered a severe spinal cord injury that left her paralyzed from the neck down. 

Marsau and her husband have now filed a lawsuit alleging that the property owner was told multiple times about the quote “unsafe conditions of his trees,” including the one that injured the mother of a six-month-old daughter. Although the lawsuit does not mention the evidence backing that claim.

The homeowner, Dan Patterson, does have knowledge of tree preservation, as he is the chairman of the Texas Trees Foundation, past chairman of the National Tree Trust in Washington D.C and National Arbor Day Foundation in Nebraska.

Local perspective:

FOX 4 spoke to an attorney who is not involved in the case, who pointed out that this is just one side of the story, but the allegations do not look great for the homeowner.

Chad Ruback is an appellate lawyer not involved in the case. Ruback says his background and experience will play a role in the case.

“The issue here, from a legal standpoint, is one, what the homeowner knew or should have known, and two, what a reasonable person in that situation would have done with that knowledge,” said Ruback.

 “This homeowner, if this is an area in which he’s professed some expertise in which he spent a lot of time learning up on, he might potentially be held, you know, a higher level of responsibility, a higher level of culpability, than just an average homeowner like you or me.”

Dig deeper:

After the incident happened, Patterson told FOX 4 over the phone that he has a grounds crew that maintains the trees regularly, and he believes the spring rains produced more tree nuts, and it fell due to the weight in the upper part of the tree. 

However, according to the lawsuit, the tree was found to “have a hollow base and significant internal rotting among other issues, indicating that it had been in a state of decay for some time.” 

What they’re saying:

Ruback believes the case does have enough legs to move forward to a settlement or jury trial.

“At this point, all we have is the plaintiff’s lawsuit. The defendant hasn’t filed an answer yet. We don’t know his side of the story yet, but based on what the plaintiff is alleging in her lawsuit, I think the homeowner has some real problems,” he said.

What’s next:

FOX 4 reached out to Patterson to see if he had a statement in response to the lawsuit and is still waiting to hear back. 

Marsau and her husband are asking for $1 million in damages.

The money would go towards Marsau’s current and future medical needs and taking care of the couple’s daughter. 

The Source: Information in this article was provided from an interview conducted by FOX 4’s Amelia Jones.

Crime and Public SafetyLakewoodDallas County