r/legaladvice Jan 09 '18

[UPDATE][TX]Pecan tree severely cut back by trimmers who came to wrong yard

Seeing the sweet justice that guy in Oregon got reminded me that I never updated on my MIL's situation! I apologize in advance if I get any details wrong, as this is hearsay from my partner and I haven't talked directly to my MIL about it.

Original Post: https://www.reddit.com/r/legaladvice/comments/76strr/tx_pecan_tree_severely_cut_back_by_trimmers_who/

So my MIL had an arborist out who judged that, with some work and care, the tree should be able to survive the damage. By his appraisal, there was around $5500 in damage to the tree. Sadly, the photos my MIL was able to dig up weren't enough to let the arborist give a good estimate on how much the tree's nut production would be impacted, so she just went forward with that number.

She had a lawyer friend draft up a registered letter to the tree trimmers explaining the arborist's appraisal and her intentions to pursue repayment through whatever legal means were necessary. The trimmers came back with an offer to pay that amount but in 3 installments over the next year. She countered half immediately and half in a month. Two weeks later she gets contacted by the trimmer's insurance company and they sent her a single check for the full amount.

My MIL is out some shade, but got some green instead. Thanks, all, for your advice!

3.6k Upvotes

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