Harp v. Cleveland Hts

In Harp v. Cleveland Hts., 87 Ohio St.3d 506, 509, 2000 Ohio 467, fn.1, 721 N.E.2d 1020, a tree branch had been identified by the City of Cleveland Heights as being one that needed "priority pruning" because it had "deadwood" on it. Before the city pruned the tree, however, a branch overhanging the road fell on a passing motorist and killed her. The Ohio Supreme Court held in Harp that the city could be held liable under the former R.C. 2744.02(B)(3) because the defective limb, threatening to fall on the road, but not actually on the road, could constitute a nuisance. Harp at 512.