An ‘act of God’? Modesto residents frustrated with city’s response to downed trees

Every winter, wind and rain wreak havoc on homes and vehicles throughout Modesto by bringing down dozens of limbs and entire trees. But on a still, summer morning Thursday a massive limb broke free from a Silver Maple in the college neighborhood, smashing the shiny yellow Hyundai Veloster that Deylah Fountain bought just two weeks ago.

“I haven’t even made a payment yet,” she said.

It was the fifth reported downed limb from a city tree on her half-mile long street, Ardmor Avenue, this year and one of a handful that have caused significant damage in the past few years.

“This has happened to neighbors across the street, next door, two doors down where it almost cut the house in half,” said Deylah’s mother, Heidi Fountain. “Every time (the city) tries to use the excuse that it was an ‘act of God;’ well there wasn’t a breeze to be had this morning. This was not an act of God, this was an act of basically them not taking care of what they are supposed to be taking care of, which is our trees.”

City spokesman Thomas Reeves said the limb that fell on Deylah Fountain’s car likely came down as a result of a worldwide phenomenon known as sudden summer limb drop, which happens when a tree absorbs more water than it can release through its leaves, known as transpiration, causing limbs to fail.

He said the city has not reviewed and ruled on this case but said a tree that succumbs to sudden summer limb drop would ordinarily be considered an “act of God.”

“We know the frustration is real, and the city will not hide behind the ‘act of God’ excuse, though it is a legal term we use ...,” Reeves said in an email Friday.

He said California law has consistently held that the party is not liable in negligence for damage caused by an “act of God.”

More than 100 claims are filed each year from residents seeking reimbursement for downed trees and limbs that damaged property.

From 2016 to 2017 the city received 262 claims. It paid on 47 of those claims in each of the years for a combined total of $120,128, Reeves said.

City officials last year said years of drought and watering restrictions in Modesto affected many of the city’s mature trees and will for years to come.

Two doors down from Fountains’ house, resident Monique Sanders said she has noticed an increase in fallen trees and limbs in the last three years.

During a storm last February, a city tree tree fell on top of her home, taking out the HVAC system and chimney, tearing a hole in the roof and causing interior cracks.

She said she is thankful her mother was watching her then 8-year-old son that day and that they were not there when the tree came down.

She and other residents worry that some day the damage won’t be confined to property but that someone could be seriously injured or killed.

Martin Arriola, a father of 4- and 8-year-old girls, said multiple branches have fallen on his property.

“God forbid my girls are out there playing and a branch falls on them or anybody else,” he said. “People are always walking in these neighborhoods. I’d really like the city to take some responsibility versus just calling it an ‘act of God.’ ”

At the home of Mark Steinbeiss and Toni Holroyd, three limbs from the next-door neighbor’s city tree have fallen on their property in the past two years. On one occasion the limb dented the roof of their minivan, tore off a side-view mirror and shattered the hatchback window.

The limb also nearly hit a teenage friend of their daughter who was sitting on the tailgate of a pickup parked next to the minivan in the driveway.

“That little girl could have lost her life that day,” Steinbeiss said.

Holroyd said their car insurance wouldn’t pay for the damage to the minivan because the limb came from the neighbor’s property; the neighbors’ homeowners insurance wouldn’t pay because it came from a city tree; and the city wouldn’t pay because it was an ‘act of God.’

Deylah Fountain’s Hyundai was parked on the street when the limb fell on it Thursday.

She is waiting to hear back from her car insurance company but plans to file a claim with the city if the damages are not fully covered.

Modesto has some 200,000 trees that are pruned and otherwise attended to in rotation every 11 to 12 years, Reeves said.

While Ardmor Avenue has had more than its share of downed trees and limbs, Reeves said Modesto has experienced these incidents throughout the entire city.

“We are working as diligently as we can to mitigate risks associated with trees based on the limited resources we have,” he said. “With the drought and other damaging factors, we are dealing with a problem not experienced by the city before.”

He said residents should call the City of Modesto Forestry at 209-342-2249 for any potential tree hazards or tree related concerns.

Thanks for your strong interest in local journalism. We rely on readers like you more than ever before, and we currently offer free access to five stories a month. We hope you see value in supporting us further with a digital subscription to help ensure we can provide strong local journalism for many years to come.

This story was originally published August 3, 2018 at 2:50 PM.