Three appellate judges agree that two south side Ottawa home owners have no liability for a tree that came down during the 2017 tornado. Two men who lived near them, Wayne Tuntland and David Johnson, died. Their estates sued Joseph and Nicole Leslie.
The Leslies were accused of negligence for leaving a tree in dangerous condition standing. LaSalle County Judge Joseph Hettel dismissed the case, finding they had no reason to know the tree’s condition and that a tornado would take it down. He concluded they can’t be blamed, and the appellate judges agreed. A property inspector said the tree should be monitored for wood rot, but he didn’t report it to be rotting. The appellate judges’ finding is that it’s not reasonable to expect the Leslies to have known otherwise.
The appellate judges also concluded that the tornado was an act of God that couldn’t have been foreseen or prevented. As such, individual people can’t be held accountable for causing or allowing the damage.