Geneva settles 2012 house fire lawsuit for $250,000
The city of Geneva has settled a lawsuit for $250,000 brought by an insurance company that said the city was negligent for not removing a rotting tree that lost a branch and caused a house fire in 2012.
West American Insurance had paid more than $913,000 for repairs and remediation to the home and sued the city for negligence, according to court records.
The lawsuit argued that a branch from a city-owned tree fell onto a power line Aug. 3, 2012, causing an electrical fire. Before the fire, the homeowners had notified the city that a branch had fallen on an electrical line June 22, 2011, and the homeowners requested that the city cut down the tree, according to the lawsuit.
The tree, estimated to be 40 to 45 years old, "looked sick. It was infested with insects" and was "lopsided, unstable and obviously unhealthy," according to court records.
Attorneys for the city argued in court papers that the city was not notified of the homeowners' request to cut down the tree. Also, court records show, the city was shielded from liability for damages under the Local Government and Governmental Employees Tort Immunity Act because inspections and maintenance of the tree were a discretionary matter.
William Kurnik, an attorney for Geneva, said both sides agreed on a $250,000 settlement this week.
"It was for cost of defense and the uncertainty (of going to trial) that we ended up settling for that amount," Kurnik said.
A message left for Matthew Cohen, attorney for West American Insurance, was not immediately returned.
The lawsuit was dismissed with prejudice by Judge James R. Murphy, meaning it cannot be refiled.