Consulting Arborist / Tree Expert, Ivan Katzer

Case Examples

Cases of consulting arborist / tree expert Ivan Katzer have included:

1. ELECTRIC UTILITY

The plaintiff claimed that utility arborists had improperly pruned of a row of hedge trees and other trees growing in close proximity to electric utility lines. She claimed a loss of aesthetic appeal and decline in tree health as a result. She filed a claim seeking reparation for damages and compensation for measures to restore tree health. My investigation revealed that pruning had conformed to accepted industry standards and that the ailing trees had been in poor health and declining for some time.

2. NEGLIGENT TRESPASS

During the construction and development of a commercial office site, the developer removed a row of boundary-line trees that he felt detracted from the site. The adjoining property owner was a church that felt that the row of trees provided a measure of screening from the new development and sought compensation for their loss. I was able to determine a measure of value for this loss and the developer agreed to pay the church for damages and loss.

3. LANDSCAPE INSTALLATION

A homeowner contracted with a landscape contractor for the installation of new landscape beds and various ornamental trees and shrubs. When many of the plants failed to become established and thrive, the landscape contractor denied fault and refused to replace the dead and dying plants. My investigation determined that the contractor failed to properly prepare the planting site and did not plant according to accepted industry standards.

4. EMINENT DOMAIN

An upscale office park had been developed in an area surrounded by numerous trees and extensive landscaping. The trees provided a visual and acoustic barrier from the surrounding interstate highway and created an atmosphere of an office in the woods. The State Department of Transportation took away significant areas of the surrounding woods for highway construction. I was able to make an assessment of loss for use in negotiations for compensation.

5. UNSAFE WORK PRACTICE

A homeowner had occasionally employed the assistance of a worker to help with various odd jobs on several of his properties. One day he directed the worker to climb a ladder and cut off several branches hanging into the street. The worker fell from the ladder and suffered significant physical injury. The recovery process was long and the worker was unable to engage in regular physical activity. He had no source of income. My assignment was to reconstruct the accident and to determine the cause of the fall. It was determined that the work was carried out in a manner that did not comply with generally accepted standards of care and safety. While engaged in tree care activities on a ladder, OSHA standards require the individual be secured against a fall. The accident was preventable.

Click here for a list of arborist issues in dispute resolution, including insurance claim investigation and litigation.