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Cologne | A man has sued the state of North Rhine-Westphalia for payment of damages in the amount of 4,587.08 euros. The background: His son drove into a fallen tree on Landstrasse 409 near Wermelskirchen. The Cologne Regional Court dismissed the lawsuit.
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The accident occurred on January 7th around 2:30 am. The plaintiff’s son was behind the wheel. After a right bend, a fallen tree lay across the street. The son drove the vehicle in. The court found: “Drivers must expect obstacles on country roads”. The complaining father thought that the state of North Rhine-Westphalia had not complied with its control obligation. The inspectors should have recognized that the tree was no longer in a healthy condition. The state of North Rhine-Westphalia speaks of regular and careful checks and even when inspecting the trees before the accident, no damage to the tree could be seen.
The Regional Court of Cologne comes to the conclusion that the State of North Rhine-Westphalia did not culpably breach its duty to maintain safety. This would have been the case if signs on the tree that suggested such a suspicion had been overlooked. The plaintiff could not clearly state the cause of the fall of the tree and why this should have been noticed during the last inspection.
The state of North Rhine-Westphalia stated that the tree was infested with root rot, but this was not visible from the outside. The court continues: “Since the tree has already been removed, a further assessment is not possible. It can therefore no longer be checked whether the signs claimed by the plaintiff for the poor condition of the tree were actually present.”
The decision of December 8th, 2020 on Az. 5 O 77/20 is not final.
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red |
12/30/2020 | 6:47:45 pm
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