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The plaintiff Charlie and defendant Lindsay are co-owners of the limousine. Under the contract, both parties agree the plaintiff will temporarily operate the limo for
The plaintiff Charlie and defendant Lindsay are co-owners of the limousine. Under the contract, both parties agree the plaintiff will temporarily operate the limo for working purposes. When the limo is not in use will be stored in the defendant's house. One day, an accident happened to the limo while kept at the defendant's house. A tree in the jefendant's yard fell on the limo, causing it to be destroyed. Plaintiff believes that since no one was not operating the vehicle, Lindsay is responsible the damage. The plaintiff sued the defendant for $15000 to recover half of the price of the Hummer limo. The plaintiff's testimony claim that each time drops off the limo, he will leave it on the driveway. The night before the tree falls over, he sent a text to Lindsay telling her that the limo is left on the driveway. Lindsay said she will move it. Plaintiff also provides a screenshot of a text message to Lindsay that shows the defendant is noticed and agreed on the limo to be parked in the driveway. Plaintiff provided witness testimony 'rom Fred, Lindsay's neighbor, who claim that he has notify Lindsay many times that the tree near his property was too big and he could use his chain saw to out it down. And if Lindsay allows him to cut the tree, the tree will not cause damage to the limo. In the defendant's testimony, Lindsay claims on the night when Charlie drops off this limo. She has asked Charlie to park the limo in the garage because the weather is extreme. Charlie declined and say it would be ok to park out in the driveway. Exhibit 1 The defendant provided a picture showing the condition of the tree prior to the incident. The picture showed the tree is in a healthy condition, there did not have sign of the tree is in a defective condition
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