Legal Question in Civil Litigation in Virginia

Claim against city for personal property damages

I was parked in a city park at a public parking lot during normal hours of operation. A tree had snapped and fell on top of my vehicle which caused extensive damage and a total loss. I was wondering if I had a legitimate legal claim against the city and should I find an attorney? My insurance will pay for the vehicle's fair price but this price is far short of actually even getting me the exact same car. It is a 01 BMW 330ci coupe with every option and in excellent condition by BMW certification standards. Police on the scene indicated I was legally parked and cited no violations against me. Thank you very much for your opinions and assistance.


Asked on 8/17/07, 11:10 am

2 Answers from Attorneys
John Jackson Law Office of John A. Jackson, P.C.

Re: Claim against city for personal property damages

You likely do not have a claim.

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Answered on 8/17/07, 12:16 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Claim against city for personal property damages

Even if you somehow got past the city's likely claim of some form of derivative soverign immunity from the Commonwealth, you would still be faced with the likely characterization of the tree fall under the circumstances which you've described as a so-called "Act of God" for which no one nor any governmental entitly could be held responsible under any theory of tort or other civil liability.

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Answered on 8/17/07, 2:48 pm


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