The Kursk Regional Court considered a civil case on the claim of a resident of Kurchatov against OOO Kristall to recover damages caused by a tree falling on his car
The story began in the summer of 2020, when a parked Mercedes-Benz E220 on the adjacent territory of a residential building 8 on the street. Youth city of Kurchatov, part of the maple fell. As a result, the car suffered mechanical damage.
Then the court of first instance decided that the management company Kristall LLC should compensate for the losses. an incident occurred as a result of the inaction of the "manager", which was expressed in the failure to perform work on the proper maintenance of green spaces.
“As a result, the court satisfied the claim and collected from the defendant more than 200 thousand rubles: losses, expenses for determining the cost of refurbishment and state duty,” the press service of the Kursk Regional Court said.
But the defendant did not agree. The decision was appealed to the Kursk Regional Court. It was taken into account that in May 2019, the Criminal Code applied to the Kurchatov administration with an application for permission to demolish a tree that had signs of an accident. But only no measures were taken, a logging ticket for cutting down a tree was never issued to the defendant.
“At the same time, the permission to cut down the tree was signed only on July 2, 2020 - a few days after the incident, while according to clause 12 of the Regulation on the City Commission for the assessment of the feasibility of cutting (demolition), pruning and replanting trees and shrubs on the territory Kurchatov city, approved by the Resolution of the Kurchatov city administration dated October 14, 2016, the term for consideration of applications for issuing a felling ticket in the city of Kurchatov should not exceed fifteen working days from the date of submission to the administration of the application with all the necessary documents, "the press specifies - court service.
And the defendant was not competent to establish the accident rate of the tree, the management company could not carry out the demolition without proper permission.
As a result, the court of appeal came to the conclusion that there was no fault in the actions of OOO Kristall in causing damage to the plaintiff. The decision of the court of first instance was canceled, a new one - to refuse to satisfy the claim against the management company.