Foglia v. Provenzano
Jan 01, 2010OUTCOME: Pending
An elderly Italian woman lived alone in San Jose. Her back-fence neighbor told her that her pine trees looked unhealthy and that she would be sued if any of the branches fell. He suggested moving the ... fence to the other side of the trees so that the trees would be his. The woman went out of town to discuss the problem with her brother, and the neighbor moved the back fence 14 feet towards her house. He landscaped around the trees and utility poles, installing a hot tub, tanning area, and tiki bar. When informed that the old woman was upset by his actions, the neighbor replied, "F*** her, she can sue me for it." She died shortly thereafter, and her estate brought suit.
