ORLANDO, Fla. – A case of tree trouble has a local man pitted against the city of Orlando.
Trino Valdez claims a tree that should have been removed crushed his vehicle while he was still in it in 2012 at Dickson Azalea Park.
"All of a sudden I just feel an impact," said Valdez. "Next thing you know, I'm under a tree with no way out."
Rescuers had to cut Valdez out of his truck after the crash. Since then, he's had three surgeries, screws and rods placed in his neck and back.
Now, he's suing the city, saying it knew that tree was dangerous and did nothing about it.
In court documents, a 2007 inspection found the tree had "limb decay" and was scheduled for "Priority 2 removal" and was listed in "poor condition"
"They were on notice that this tree was to be removed since 2007 until it ultimately fell on my client in 2012," said attorney Matt Morgan, who said city failed to even check the tree's condition since 2007.
The city claims, in documents, the tree fell because a fungus rotted it's roots.
"Although the tree was scheduled for removal, it was not the highest priority, because it was not in danger of imminent failure," said the city in a court document. "The tree was leafy and green, and there was no evidence of rot or fungus on the outside of the tree."
The city claims it had no way to tell there was a problem.
"So it begs the question: How many other trees are out there (are) acting as ticking time bombs, waiting to fall on another family or an innocent pedestrian?" said Morgan.
News 6 asked the city how many trees have been listed for removal and how long it usually takes to get them removed. We are waiting for a response.
The case had a mistrial Tuesday and goes back to court in early March.