Taylor v. Olsen
Oregon Supreme Court
578 P.2d 779 (Or. 1978)
Relevant factsFree
Taylor (plaintiff) was driving when her car struck a tree that had fallen from land owned by Marion Olsen (defendant). An inspection after the accident showed the tree's center was decaying, but the decay produced no visible external signs and could only have been discovered by chopping or drilling into the trunk. Taylor sued Olsen for her injuries; the trial court granted a directed verdict for Olsen, and Taylor appealed.
IssueFree
Whether a landowner is negligent for failing to detect a roadside tree's internal decay when the decay showed no external signs and could only have been found by chopping or drilling into the trunk.