A dispute over fallen trees that damaged a homeowner’s property has resulted in a partial award of damages following an appeal, after the original trial court had ruled mostly in favor of the defendants. The case involved a resident who alleged that dead or dying trees from a neighboring property fell onto her yard, causing damage to her residence and personal property. The central issue was whether the residents and owner of the neighboring property were liable for negligence and what amount of damages could be substantiated by evidence at trial.
The complaint was filed by Carol Lynne Morgan, acting pro se, in Mahoning County Court No. 2 on August 4, 2023, against William Keenan and Heather Lewis—the residents of 864 Indianola Road—and later amended to include John Tyger, the owner of that property. On March 25, 2026, the Seventh Appellate District Court of Appeals issued its opinion on Morgan’s appeal (Case No. 25 MA 0091), partially reversing the lower court’s judgment regarding damages.
According to the appellate opinion authored by Judge Katelyn Dickey with Judges Carol Ann Robb and Mark A. Hanni concurring, Morgan initially brought her claim in small claims court seeking $2,353.84 for repairs related to four incidents where trees fell from the neighboring property between October 2021 and April 2023. The case was transferred to the regular civil docket at Keenan and Lewis’s request so they could engage in discovery. Multiple pretrial motions followed—including requests for continuances due to discovery disputes—and Morgan later alleged she was forced by the court to agree to extended deadlines despite objecting.
The record shows that Morgan’s attempts to prove her claimed damages relied heavily on documents such as receipts and estimates prepared by third parties who did not testify at trial. During a bench trial held January 6, 2025, Morgan introduced as evidence a receipt for services totaling $1,703.84 signed by George Fair (who performed clean-up work), an estimate from Petitti’s Garden Center for $528.84 in landscaping materials, and an estimate from A&J Roofing for $650 in roof repairs. However, when questioned about these documents during cross-examination, Morgan acknowledged that neither Fair nor other preparers of these estimates were present to testify.
The magistrate presiding over the bench trial explained that while some evidence may be admissible in small claims proceedings without strict adherence to evidentiary rules, those rules do apply in county court cases such as this one. As stated in the opinion: “The billing statement of George Fair… is clearly a statement other than one made by Mr. Fair at trial and was submitted into evidence to prove the truth of the matter asserted… Plaintiff offered no exception to the hearsay rule which would permit consideration of such exhibit.”
Despite these evidentiary hurdles regarding most of her claimed expenses—found inadmissible as hearsay—the appellate panel found that Morgan had provided competent testimony regarding $375 she paid for completed repairs based on her personal knowledge: “Appellant established $375 in damages through her testimony… Therefore Appellant’s damages in the amount of $375 are not speculative as they are predicated upon completed repairs.”
Regarding liability among defendants, testimony established that Keenan and Lewis were residents responsible for maintenance but not owners or tenants under lease; Tyger owned but did not reside at or regularly visit the property. The magistrate concluded Keenan and Lewis had actual notice about dangerous trees due to ongoing complaints from Morgan since at least 2015; however Tyger lacked actual or constructive notice required under Ohio law for negligence liability related to falling trees.
Morgan raised several procedural objections on appeal—alleging abuse of discretion concerning repeated continuances granted without proper notice or definite new dates set; allowing dispositive motions past agreed deadlines; exclusion of certain witnesses due to scheduling changes; and removal of Tyger from responsibility—but most were rejected by the appellate judges as lacking merit under applicable standards governing trial management discretion.
Ultimately, the appellate court affirmed most aspects of the lower court’s judgment but reversed its finding regarding total lack of proven damages: “We remand this matter…to enter judgment in favor of Appellant and against Keenan and Lewis…in the amount of $375.” Costs were ordered taxed against Keenan and Lewis jointly.
Attorneys listed include Carol Lynne Morgan representing herself (pro se) as plaintiff-appellant and William C. Helbley representing defendants-appellees Keenan et al., with no explicit judge name assigned beyond those signing off on this appellate opinion (Dickey J., Robb J., Hanni J.). The case is identified as Case No. 25 MA 0091.
Source: 2026Ohio1034_Morgan_v_Keenan_Opinion_Ohio_Court_of_Appeals.pdf
