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Cline v. Dunlora South, LLC
110650 Cline v. Dunlora South, LLC 06/07/2012 (Revised 07/31/2012) A circuit court did not err in sustaining a demurrer to negligence and nuisance claims brought by a motorist severely injured when a tree loca…
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110650 Cline v. Dunlora South, LLC 06/07/2012 (Revised 07/31/2012) A circuit court did not err in sustaining a demurrer to neglig…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jun 7, 2012
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110650 Cline v. Dunlora South, LLC 06/07/2012 (Revised 07/31/2012) A circuit court did not err in sustaining a demurrer to negligence and nuisance claims brought by a motorist severely injured when a tree located on private land fell onto a public roadway striking his vehicle. The common law precedent in Virginia does not impose a duty upon landowners to protect individuals traveling on an adjoining public highway from natural conditions on the landowner's property. In a case where the complaint did not allege any affirmative act of the landowner making the property different from its natural state, or from its condition when the road was built, instead asserting liability based upon an all…
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