A tree falls in Largo. A lawsuit takes root.
- After warning the city about an ailing tree in 2023, a homeowner is seeking up to $250,000 in damages. But whose tree was it?
LARGO — A tree that may or may not have stood on public property is at the root of a lawsuit in which a homeowner seeks as much as $250,000 in damages from the city.
James E. Davis alleges in the suit, filed Oct. 6 in Pinellas-Pasco Circuit Court, that he warned the city about the ailing tree in 2023 but that officials failed to address the danger before it fell onto his home.
Davis, of 601 15th Ave. NW, alleges the tree stood in a city-controlled right-of-way near the intersection of 15th Avenue Northwest and Sixth Street Northwest.
He contends the city failed to maintain the tree, allowing its branches and root system to grow unchecked until the tree eventually fell onto his house. He estimates the damage at more than $150,000 and possibly as much as $250,000.
Exhibits submitted with the lawsuit include an email Davis sent to Largo's parks department in April 2023, warning about the tree's condition.
“I am writing you regarding the your [sic] tree in front of my house,” he wrote. “As you can see from the enclosed pictures, its sick, and destroying the road. I am sure you will want to do something about this before it falls and rips up the water and sewer.”
The lawsuit does not state when the tree fell, although submitted correspondence suggests it came down during a major storm.
Another email, titled “the city's tree is on my house,” includes a response acknowledging that a city official visited the property after the tree fell. A handwritten note accompanying the correspondence identifies the official as Mayor Woody Brown. The undated response, which copied City Manager John Curp, says city staff believed the fallen tree was “on your property” and were waiting for its removal before repairing damaged asphalt.
"I have asked our team (again this morning) to let me know what help is available for you to get the tree down and your place buttoned up," it reads.
The email also suggested Davis apply for federal disaster assistance because the damage resulted from a “catastrophic storm.”
Whether the tree was in the public right-of-way could be central to the case. It was unclear whether the city’s email reference to the tree being “on your property” meant that it had stood outside the city's right-of-way or simply that it had fallen onto Davis' property.
A review of Pinellas County Property Appraiser mapping and Google Street View imagery suggests that a large tree, apparently an oak, stood outside Davis' property boundary, within the public right-of-way. A boundary survey would provide more definitive evidence of where the tree stood.
Davis alleges the damage to his 1945 wood-frame home forced him to relocate. He claims Pinellas County evaluated the damage through its People First Housing Recovery Program and estimated losses exceeding $150,000. He says the total could reach $250,000 because the assessment did not include an engineering evaluation of the foundation.
Davis, who is representing himself, argues that Largo had a legal duty to maintain trees in public rights-of-way and prevent them from endangering nearby homes.
He contends that Florida court decisions allowing homeowners to trim encroaching branches do not absolve municipalities of that responsibility. He also argues that governmental immunity should not shield the city from liability for negligent maintenance.
Davis is seeking compensation and a jury trial. City officials were not immediately available for comment.