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One more thing Dave. Make sure they do not cut down that tree and haul it away before someone looks at it. One big key to your case may be the fact that the tree had a preexisting condition (termites, lightning damage, fungus) that cause part of the tree to die. If so, the owner is responsible for removing the dead or dying portion or all of the tree. Damaged caused by any of these or other factors make the owner liable for damages.