Louis Ferrigno was driving on Vanderbilt Parkway when a tree located on Suffolk County property fell and crushed his van.
At the trial of his personal-injury suit, an expert arborist testified that about five years prior to the incident, the tree began to exhibit a "staghorn" effect -- an indication the tree was dead.
Given the effect's visibility and the length of time the tree had been dead, the Suffolk County Supreme Court jury decided there was adequate notice of the danger posed to motorists awarded Ferrigno over $2.5 million in damages.
On appeal, the Appellate Division, Second Department, agreed Suffolk County had adequate notice of the tree's condition and the potential for harm, but since it saw the damages awarded as "excessive" it knocked Ferrigno's recovery down to $750,000.
Ferrigno must have turned green when he got that.
To download a copy of the Appellate Division's decision, please use this link: Ferrigno v County of Suffolk