Complaint for Property Damage

Complaint

IN THE COURT OF

(County),

(State)

PLAINTIFF

V. CAUSE NO.

DEFENDANT

COMES NOW (Name of Plaintiff), Plaintiff in the above-styled and numbered cause, by and through his Attorney, and files this his Complaint against Defendant, (Name of Defendant), and in support thereof would show unto the Court the following matters and facts:

1.

Plaintiff is an adult resident citizen of (city, county, state).

2.

Defendant is an adult resident citizen of (city, county, state) and may be served with process at .

3.

At all times mentioned, Plaintiff owned real property located in , as described in the Warranty Deed to Plaintiff dated , a copy of which Deed is attached hereto as Exhibit A and incorporated herein by reference.

4.

At all times mentioned, Defendant owned real property located in , as described in the Warranty Deed to Plaintiff dated , a copy of which Deed is attached hereto as Exhibit B and incorporated herein by reference.

5.

Plaintiff and Defendant's properties are adjacent to each other in , with Plaintiff's (e.g., northern) boundary also being Defendant's (e.g., southern) boundary.

6.

Defendant has had a large dead tree on his property for at least . The dead tree is located on the (e.g., southeast corner) of Defendant's property, approximately from the boundary between Plaintiff and Defendant's properties. The tree itself, while standing, was approximately from Plaintiff's home (or other building damaged by tree) .

7.

Defendant had knowledge of the dead tree and the dangerous condition it was creating in that Plaintiff warned Defendant on or about , as well as several other occasions, that the tree was in a dangerous condition and could fall, thereby damaging Plaintiffs' property.

8.

On or about , and as a direct and proximate result of Defendant's negligence, the above-described tree fell onto Plaintiffs' property, damaging

THEREFORE, Plaintiff requests that:

1. Plaintiff be awarded judgment against Defendant for damages in the sum of , together with interest on that amount at the rate of from ;

2. Plaintiff be awarded costs of suit; and

3. Plaintiff be granted such other and further relief as the Court deems just and proper.

Respectfully submitted,