Spindler
Schrobenhausen
The two men have one thing in common: You can hear relief. Relief that an almost four-year dispute before various courts has now come to an end. Schrobenhausen’s mayor Harald Reisner (FW) confirms the agreement on request. Manfred Fischer, whose destroyed pavilion the dispute revolved around, says that both sides have agreed on a sum. Both Reisner and Fischer do not want to state the exact amount.
“We are very happy,” says Reisner about the out-of-court settlement that the city’s insurance company reached with the Fischer couple. Like Reisner, Fischer would not comment on the outcome. In contrast to the city administration, Fischer experienced the legal dispute much more clearly and practically up close. The city was represented by its insurance company from the start. Fischer, on the other hand, had to go straight to the fight with a lawyer for compensation for his destroyed pavilion: “We are fortunate that we have good legal protection insurance.” Fischer, however, remains a little skeptical: “There is nothing in writing yet, the Higher Regional Court has yet to set it up.”
The Munich Higher Regional Court had called on the parties to an amicable settlement almost two years ago. This was preceded by a process about the potential repair costs for the demolished pavilion in front of the barriers of the Ingolstadt regional court (we reported). There Manfred Fischer had lost the case for a little more than 110,000 euros in damages that were at issue at the time. Fischer moved to the next instance. Even then it was already clear to the Fischers from Franziskanerweg that the city was to blame for the accident that led to the destruction of their pavilion. Because the cause of the fall of the very old oak is to be found in the rotten roots. However, the regional court did not agree.
M. Schalk
Schrobenhausen
Reisner also says today: “That was an unfortunate case.” The city does everything in its power to care for the trees on the city wall as well as possible. This should help prevent an accident like the one in June four years ago from happening again. “We hope that something like that doesn’t happen again,” says Reisner. Knowing full well that there can be no guarantee of this.
Shortly after noon on the sunny and windless Sunday on June 11, 2017, nothing had indicated the disaster. Around 2 p.m. there had been a thunderous noise, as witnesses reported at the time. Then an old oak tree had been lying on the western city wall across the Mayor-Stocker-Ring. The branches of the treetop had caught the privately renovated and listed pavilion on the corner of Franziskanerweg and Schäfflerstraße. A total of 15 emergency services from the Schrobenhausen fire brigade had dismantled the tree and the pavilion had to be covered. The fire service ended at around 5:30 p.m. “As if by a miracle, there was no person or vehicle on the road at this point,” a witness recalled at the time.
Now, four years later, the Fischer couple begin to wait for the mills of justice not to grind for too long. The higher regional court in Munich must now comment on the out-of-court settlement of the disputing parties, Fischer outlines the further course of the procedure. “When we have something in writing in hand and hopefully soon some of the agreed money in our account, we will start repairs,” says Manfred Fischer. “That will take a little longer,” suspects Fischer, “we will probably get to the year 2022.”
And with regret in his voice, Fischer adds that the pavilion can no longer be prepared one-to-one as it was before the fall of the old oak. For this, however, final offers are still required. Fischer: “The pavilion will no longer look like it was created 120 years ago.”SZ
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