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Keywords

damagesnegligenceliabilityappealtrialmotion
negligencetrialmotioncommon law

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Scheckel v. NLI, Inc., 953 N.E.2d 133

Facts

Scheckel owns property adjacent to NLI's property in Fort Wayne, Indiana. A tree on NLI's property grew into Scheckel's fence and walkway, causing damage estimated at $2,510.00. Scheckel complained to NLI, but no action was taken, leading him to file a small claims complaint against NLI for negligence and nuisance. The trial court ruled in favor of NLI, stating that the natural condition of the land exempted them from liability.

Scheckel owns real estate located at 537 West Fifth Street in Fort Wayne, Indiana (“537 Property”). NLI owns real estate located at 543 West Fifth Street in Fort Wayne, Indiana (“543 Property”).

Issue

Whether the trial court erred in denying Scheckel's Motion to Correct Error and granting judgment in favor of NLI, finding that NLI was not liable in either negligence or private nuisance for harm caused outside its land by the natural condition of the land.

Whether the trial court erred in denying Scheckel's Motion to Correct Error and granting judgment in favor of NLI, finding that NLI was not liable in either negligence or private nuisance for harm caused outside its land by the natural condition of the land.

Rule

The natural condition rule provides that a landowner is not liable for harms caused to others outside of his land by a natural condition of the land, but exceptions exist in urban areas where landowners have actual or constructive knowledge of dangerous conditions.

The natural condition rule arose at common law and provided that a landowner was not liable for harms caused to others outside of his land caused by a natural condition of the land.

Analysis

The Court of Appeals found that the trial court erred in applying the natural condition rule, emphasizing that in urban settings, landowners have a duty to exercise reasonable care to prevent harm from trees on their property. The court noted that the relationship between neighboring landowners and the foreseeability of harm from a tree growing into an adjoining property supports the existence of a duty. The court concluded that the natural condition rule should not bar Scheckel's claims.

Applying the three-part duty analysis set out by our Supreme Court in Webb v. Jarvis, 575 N.E.2d 992 (Ind.1991) leads us to the conclusion that a landowner in a residential or urban community owes a duty to prevent an unreasonable risk of harm to adjoining property owners or their property resulting from trees growing upon the landowner's property.

Conclusion

The Court of Appeals reversed the trial court's judgment in favor of NLI and remanded the case for further proceedings consistent with its opinion.

Accordingly, we conclude that the trial court erred in applying the natural condition rule to bar Scheckel's negligence claim.

Who won?

Scheckel prevailed in the appeal as the Court of Appeals reversed the trial court's decision, indicating that NLI could be liable for the damages caused by the tree.

Scheckel contends that the trial court erred in analyzing the facts of this case under the natural condition rule.

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