Wright v. Ohio Dep't of Natural Res

In Wright v. Ohio Dep't of Natural Res., Ohio Ct.Cl.No. 2003-11755-AD, 2004 Ohio 3581, the plaintiff's vehicle was damaged by a falling tree limb blown down during the course of a violent storm with accompanying winds of 50 to 80 mph. There was no evidence that the DNR did anything to contribute to the fall of the tree limb. In Wright, the Court of Claims noted that "if proper care and diligence on the part of defendant would have avoided the act, it is not excusable as an 'Act of God.'" Wright, 2004 Ohio 3581, P8, quoting Bier v. City of New Philadelphia (1984), 11 Ohio St.3d 134, 11 Ohio B. 430, 464 N.E.2d 147. The court resolved that the storm at issue in Wright was strong enough to cause plaintiff's damage by its own power alone "as evidenced by amount of tree sic toppled on DNR grounds." Id. at P11. The court noted that Wright "failed to produce sufficient evidence to establish defendant acted in a negligent manner regarding tree trimming choices." Id.