Asssuming for the moment that you were to take this case to small claims court, let us review the evidence. 1. In your complaint you stated that there was a dead limb clearly visible just below the limb that fell- yet you chose to ignore the potential danger and park there anyway so you have placed your car in a position of assumed risk. 2.By your testimony the limb that fell was a live limb, altough some prior damage was discovered after it fell- even assuming that the property owner had inspected the tree, what is the likelyhood of seeing that potential problem from the ground? Now you could argue that there is a dead limb present, but the dead limb was still there after the incident and has nothing to do with your case. You testified that it was a clear & sunny day with no wind so even if there is a dead limb, the likelyhood of it falling on that particular day was slim. By your testimony the total property damage to your car was in excess of $2500 and you filed a claim with your insurance company which covered all but your deductable. No doubt your insurance company settled on the grounds that the incident was an "Act of God". The acceptance of the $1500+ from your insurance company sets a legal precident that you also accepted it as an "Act of God". Given that you accepted monies from your insurance company as an Act of God, you cannot later claim that the incident was a result of negligence on the part of the property owner.

Glad that it wasn't a bang on the driver's door, girl! Not long after I got this car, I thought that I went into an intersection on a green ... and a car that came through three lanes hit on the driver's side ... but back at the back tire area. I was ... substantially ... very substantially ... thankful! It seemed to be the general concensus that I'd run a red light ... but I figure that he ran a yellow, as when my car had been turned around about 180 degrees - there, staring at me through the windsheld, was a green light, in the same direction that I'd been travelling ... and if I'd run a red light, it should have been red! Anyway - I also like to pick spaces in parking lots where I can drive out (but must confess to being a bit too lazy/(mis-guided?) to back into empty spaces). I hear that a bit of a longer walk is good for one's constitution? By the way ... did you say that the grandkid is wanting a car? Hhm-mm-mm-m! Hope that the rest of your weekend goes better. I, too, value my wheels ... and one needs be extra careful around here, for if one in 70s or higher is in a fender-bender or two, one is liable to get a letter from the Ministry of Transportation to say that they are cancelling one's driving permit. We have a discussion session of about an hour and a half with about a dozen others, with a test of knowledge and signs, with some being selected for a driving test, every two years after age 80. ole joyful P.S. As I was fairly sure that there were still quite a few good miles in that little 20-year-old Mazda that I'd bought only a few months earlier, after the accident I chose to repair it, at a cost larger than I'd paid for it ... partly for environmental reasons, as it costs a great deal of scarce and precious fuel to dig iron ore from the ground, smelt it, then carry it through all of the manufacturing operations ... plus add quite a lot of petroleum-based plastic, to build a new one, but repair is mainly a lot of work. In addition to the amount that's added to global warming ... and pollution. o j

You poor thang! It must be hard being as old as you are. roflmao, you know I'm kind of only kidding, right, Coral? Cute email, I'll pass it on, too.

Olychick, unfortunately, it appears that John Wilson, who wrote the article to which you've provided the link, is also guilty of giving incorrect information. Although I have not yet gone through the entire owners manual for the 2013 RX350, I have seen enough to show that he misunderstood the Lexus spokesperson. John Wilson wrote, "If you lock your RX with the key fob, then approach it and auto unlock it by opening the door or rear hatch, then close the car and walk away, the car will relock automatically — as long as it senses the key fob has also left the proximity of the car." The owners manual on page 77 (5th bullet point down from the top of the page) states, "Back door operation "The back door can be opened even if it is locked. Lock the back door again when you leave the vehicle. The back door will not lock automatically after it has been opened and then closed." [emphasis added] What the Lexus spokesperson undoubtedly told Mr. Wilson is as I've already stated -- if the vehicle is locked and you unlock it using the key fob but don't open a door within the specified number of seconds (default is 60 seconds but you can customize to 30 seconds or to 120 seconds), the doors will automatically relock. The features customization section begins on page 980 of the owners manual. Anything having to do with locking/unlocking the 2013 RX350 (that can be customized) is listed on pages 983-985. And nowhere does it say what Mr. Wilson claims he was told. And I do not believe that Lexus would have the features as Mr. Wilson states without it being in the manual, because that feature would be a biggie.