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Tree Case Ends Up In Court
POSTED: 5:15 pm CDT May 7,
2008
UPDATED: 8:35 am CDT May 8,
2008
KANSAS CITY, Mo. -- Barb and Chuck Miller have always enjoyed landscaping their shady Brookside home.But last year a lightening strike fractured a limb from their 90-year-old pin oak tree, and heavy winds caused the limb to crack even further until it was resting on their neighbor's roof."The limb was on the neighbor's house," Barb Miller said. "We thought it was an emergency."A quick check of the yellow pages led them to a full-page ad by a local tree-trimming company.
"Found Cartwright tree with full-page ad. Certified arborist, emergency services and we called them," Chuck Miller said.They called Eric Cartwright, the owner of Cartwright Tree Care.KCTV5 News found Cartwright out and about in the metro cleaning up after last week's storms."The guys get kind of excited. The adrenaline flows with work like this. We just get out and do what we can," Cartwright said.And that's what Cartwright said he tried to do last spring for the Millers, providing them with a bid on the job the very night they called."It was an emergency job on top of a house," Cartwright said.He was set to take care of the limb early the next morning.But once they arrived, the $1,200 tree-limb removal turned into a $7,250 project that would change the landscape of the Millers' home and the entire neighborhood."Once they started working on the tree, they came back and said, 'Oh no. The news is much worse.' They told us that carpenter ants had pretty much destroyed the tree," Barb Miller said.That destruction, according to the Cartwright workers, meant the 90-foot oak would have to come down.The Millers chronicled the loss of the tree during the course of the day with digital pictures.It took just 12 hours for the giant pin oak to fall. All that was left behind was a massive tree stump measuring almost 60 inches across.Bob Haines is a certified arborist and has been for more than two decades. He looked at the pictures the Millers took as their tree came down.He said the tree didn't need to be removed."And you could tell by the discoloration that there was not very many if any at all hollow spots or decayed wood in that tree that was being removed," Haines said.Haines said he recommends any tree work be done by a certified arborist, but that's what the Millers thought they were getting when they called Cartwright."Eric specifically told me, 'Ma'am, we're certified arborists. That's what sets us apart. We care," Barb Miller said.But KCTV5 News' investigation uncovered Cartwright is not a certified arborist. In fact, he's just a member of the International Society of Arboriculture. For a $105 membership fee, you can be too."All you have to do is pay your dues and you're a member. Certification. You have to take a test," Haines said.KCTV5 News paid a visit to Cartwright at his Grandview, Mo., offices to ask him about why he took down the Millers' tree.Asked whether it was a healthy tree, Cartwright said, "You know what, some say it was. Some say it wasn't."Miller said she plans to plant another pin oak, but she knows it will never grow to the size of the original in her lifetime."I bought the house for the tree. It was gorgeous. It was a part of our family life. And we would have done anything to save the tree," Barb Miller said.In the end, the case of the 90-year-old tree ended up in court.Cartwright sued, saying the Millers wouldn't pay.The Millers countersued, saying Cartwright should be the one who pays for unnecessarily taking down their healthy tree, and they hired Haines to testify as an expert witness."That was a very, very valuable tree and it should never have come down," Haines said.Ultimately, a judge ruled in the Millers' favor."It was just a bad episode for everybody," Cartwright said.Cartwright said he now has a certified arborist on staff, but that staffer is on vacation in Florida.For more information on how to check on arborist qualifications and general information on how to hire a trained tree service professional, read below and use the links:Checking On Arborist QualificationsLink: ISA Certified Arborist or 217-355-9411 Link: Kansas Certified Arborist Link: Nebraska Certified Arborist General Information On Hiring A Qualified ArboristLink: Trees Are Good Web site Link: How To Hire An Arborist Link: Tips For Hiring An Arborist Consulting ArboristsConsulting arborists are called upon to advise in the most challenging situations that necessitate experience in the science and practice of arboriculture, as well as specific expertise in the practical, ethical and objective role of consultant. Some typical services that they provide include:Tree and Landscape Appraisals and Valuations Tree Preservation and Protection/Construction Damage Prevention Hazard Tree Assessment/Structural Analysis Insect and Disease Diagnosis and Recommendations Expert Witness Testimony Street Tree and Property Inventories/Plant Identification Landscape Maintenance/Tree Management Plans Insurance Claims and Forensic Investigations Contract Specification Writing and Evaluations Tree and Landscape Plant Material Selection and Recommendations
Information on Tree AppraisalsThe valuation of the trees is based on their individual species, size, condition and location. These factors take into consideration their affect on the property and their contributions to the property. Trees also have other inherent values that contribute to the community as a whole including reducing storm water runoff, filtering pollution, carbon sequestration and neighborhood property values. Many of these benefits do not even start to accrue until the tree reaches the age of about 15 to 20 years. Therefore, preservation vs. removal and replanting should be prioritized to maximize these benefits.Tree appraisals are usually necessary for the following reasons:Road widening by City or County Utility work or installation Trespass or vandalism Vehicle damage Storm damage New Construction Any tree issue that may end up in court
Information on Tree AppraisalsThe valuation of the trees is based on their individual species, size, condition and location. These factors take into consideration their affect on the property and their contributions to the property. Trees also have other inherent values that contribute to the community as a whole including reducing storm water runoff, filtering pollution, carbon sequestration and neighborhood property values. Many of these benefits do not even start to accrue until the tree reaches the age of about 15 to 20 years. Therefore, preservation vs. removal and replanting should be prioritized to maximize these benefits.Tree appraisals are usually necessary for the following reasons:
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