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# falling on neighbor’s car
- URL: https://www.smdp.com/falling-on-neighbors-car/
- Published: 2003-01-22T16:00:00.000Z
- Updated: 2026-10-23T01:22:10.000Z
- Author: Andrew Fixmer
- Tags: Environment, Santa Monica, #archive-import

*Tree owner argues it’s not his fault it fell on car*

When a tree in your yard falls over, you could end up paying for whatever damage it causes, a recent court ruling suggests.

A judge ruled last week that Santa Monica resident Harry Guirguis must pay more than $1,500 to his neighbor, James A. Tullius, after a tree fell on his car.

Tullius sued Guirguis in Santa Monica Small Claims Court after he refused to pay for the damage his tree allegedly inflicted on Tullius’ 1989 BMW. While the tree didn’t break any of the car’s windows, Tullius said he paid $2,400 to have the vehicle repainted.

But Guirguis argued that $2,400 to fix a 1989 BMW seemed excessive.

Tullius and Guirguis both live in a north of Montana Avenue neighborhood along the 400 block of Lincoln Boulevard.

Judge Pro Tem Alan Freedman ruled Guirguis was liable for the damage, but Tullius shouldn’t get reimbursed for the full amount because he didn’t choose the least expensive repair estimate. Freedman ruled that Guirguis only has to pay $1,582 — the amount of the lowest estimate.

“You chose the middle estimate and I don’t see why,” Freedman said. “This other guy had the lowest bid for the same amount of work.”

Guirguis said he contested the charge on principle because no one witnessed the tree falling on Tullius’ car. Indeed, the fallen tree was found lying next to the car, not on top of it.

Tullius admitted his homeowner’s insurance would cover the claim, but he felt the damage was so small it wasn’t worth filing.

“Based on the limited damage and the $1,000 deductible (on the policy), I didn’t think it was worth taking to the insurance company,” he said.

Guirguis argued whomever removed the tree from the car caused the scratches and that person should have to pay the damages.

“The damage he is claiming is from removal of the tree from the car and not the actual tree falling on the car,” he said.

Tullius produced two neighbors who testified they heard a loud snap and when they went to the window they saw the tree lying on top of his car. However, they did not see who moved the tree.

Neighbors testified that Tullius loved his car and is known for taking good care of it.

“He was always outside washing that car and polishing it to a shine,” said Nancy Sharpe. “That car was pristine.”

*Originally published in the Santa Monica Daily Press print edition on January 22, 2003.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/012203.pdf?ref=smdp.com)