A Tree Falls from Helen Homeowner's Property onto the Parked

question 46

Essay

A tree falls from Helen Homeowner's property onto the parked car of Nelly Neighbor, who lives next-door to Helen. The car was very valuable and is now a total loss. Both parties agree that the tree was not diseased. They also agree that the tree fell because of an act of nature - an ice storm that had weighed down the tree's limbs. The only question is whether, under applicable state law, the homeowner on whose land the tree grew is liable for the loss or whether the automobile owner must bear the loss for an event caused by an act of nature.
Can this case be disposed of prior to trial with a pretrial motion? If so, what pretrial motion would be appropriate in this case? In your answer, discuss whether evidence outside the pleadings could properly be considered.

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Definitions:

Blood Cell Formation

The process of creating new blood cells, also known as hematopoiesis, occurring mainly in the bone marrow.

Yolk Sac

One of the extraembryonic membranes that, in shelled vertebrates, contains yolk for the nourishment of the embryo, and in placental mammals is the first site for blood cell formation.

HCG

Human Chorionic Gonadotropin, a hormone produced during pregnancy by the placenta that supports the fetal egg after conception.

Trophoblast

Outer membrane surrounding the embryo in mammals; when thickened by a layer of mesoderm, it becomes the chorion, an extraembryonic membrane.