Question

Travis Scheible was riding his bicycle and started to cross the street from behind a mature tree that overhung the sidewalk and obscured his view of oncoming traffic. As he rode into the street, Travis was struck by an oncoming car and was killed. The tree was located on residential property that Jackson had sold to Smith about six months before the accident under a contract to be paid over the course of two years. Smith began residing on the property. Travis's mother, Christine Scheible, brought a wrongful-death action against Jackson and Smith. Jackson moved for summary judgment, arguing that he had no duty to Travis because he did not own, possess, or control the property at the time of the accident.

Scheible argues that Jackson controlled the property, as proved by the facts that (1) Smith needed Jackson's permission before changing the property; (2) Smith paid Jackson to continue the liability coverage for the property in Jackson's name (Smith's name was never added to the policy); and (3) Smith eventually renounced his rights and returned the property to Jackson. What type of estate did Smith have when he purchased the property from Jackson, and how does this affect who is liable for the tree on the property and thus liable for Travis's death? What evidence leads to your conclusion? [Jackson v. Scheible, 902 N.E. 2d 807 (Ind. 2009).]

Answer 1

Answer -

Smith had a real estate while he purchased it from Jackson because eventually he renounced his rights and returned the property to Jackson.

However, the possessor of the land should be held liable for for harm caused by the condition of trees on land near a highway. A seller of land may be liable for harm caused by the condition of trees on the land near a highway if the seller is in possession or control of the condition of the trees when the harm occurs. In this case, the seller did not retain possession or control of routine maintenance, including trimming of trees.

Hence, as per my opinion, Smith should be held liable for death of Travis Scheible.