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The family of 76-year old Wayne Tuntland and his son-in-law David A. Johnson, who were killed by a tree in the 2017 Naplate-Ottawa tornado, has filed an appeal. Martha Newkirk and Toby Johnson are hoping for a better ruling from a higher court after they filed the lawsuit against the neighbors Joseph and Nicole Leslie.

Newkirk and Johnson alleged that the rotting tree was dangerous and the Leslies did nothing about it. The Leslies claimed that no one had a reason to expect it and it was an act of God. The case was dismissed.