Wilson v. State (1989), 41 Ill. Ct. Cl. 50, was a wrongful death case, where it was alleged that the decedent was a passenger in a vehicle that suddenly left the traveled portion of a highway and struck a tree 15 feet from the east edge of the paved portion of the roadway. Evidence was introduced as to the standards for clearance of trees from the right-of-way along the side of the roadway. The evidence was clear that the standard recommended at the scene of the Wilson accident on Route No. 37 in Fayette County, was a distance of ten feet off the edge of the roadway. The Court stated as follows: "Claimant's second premise State negligent in not removing tree within 15 feet of edge of roadway fails because the evidence shows that the standards introduced into evidence recommend a 10 foot clearance zone in the area of Route # 37 where the accident occurred. Since the tree was 15 feet from the edge of the roadway, the standard does not apply to that tree. The State was within compliance of recommended standards. There is no duty upon the State to clear every possible source of injury from areas in the more remote proximity of the roadway. A legal duty requires more than the possibility of occurrence, and the State, like any other person, is charged with such a duty only when harm is legally foreseeable. The issues of "foreseeability" and "duty" involve a myriad of factors, including the magnitude of the risk involved, the burden of requiring the State to guard against the risk, and the consequences of placing such a burden on the State. It is the finding of this Court that a consideration of all these factors leads to the conclusion that the State had no legal duty to remove the tree in question before the accident." 41 Ill. Ct. Cl. at 55.