There was never any question whether the subcontractor tree trimming company did the deed.
The Foreman of the crew that did the tree trimming (and illegal/trespassing/heavy equipment road building) isn't the brightest bulb in the box.
He is also a working member of the tree trimming crew.

1.) He sent me a voicemail and stated his crew did cut the two heavy equipment roads, and asked "what could he do to make it right."
I have saved that voicemail and distributed it as needed. Both Corporate defendants received a copy. He identified himself by name, and the company name in that voicemail from his company supplied phone.

2.) At my on site meeting addressing the trespassing, that same Foreman made three statements in front of sworn Law Enforcement personnel. (The NYS DEC Police Officer, and he wrote every statement the Foreman made in his "official case files" field notebook. My lawyer got that official case file information via subpoena)
a.) The Foreman stated that his crew did the trespassing/road building.
b.) The Foreman stated he knew it was wrong to trespass and build the heavy equipment roads in my woods, and even knowing it was wrong, he still did it.
c.) The Foreman stated that the power company paid the tree trimming company "by the mile" of easement tree trimming, time is money, and he didn't have time to follow laws, rules and regulations.

The only question remaining is how much the two corporate defendants are willing to pay so this problem goes away. Trials are expensive for all parties involved.

This message has been edited. Last edited by: cee_Kamp,

Clearly that foreman is not the sharpest tool in the shed, based on his actions, and then contacting you and admitting it.

OTOH, don't forget the solar panel for the roof of the hunting shed, having free electric for charging devices like a phone will be nice.

quote:

c.) The Foreman stated that the power company paid the tree trimming company "by the mile" of easement tree trimming, time is money, and he didn't have time to follow laws, rules and regulations.

Do the general public a favor and make sure the settlement is punitive enough that this ass clown is forced to make time for following laws, rules, and regulations.

Unfortunately, the power company and their subcontractor tree trimming associates fear the Federal & State Governments much more than me and my trivial lawsuit.
The Federal & State Governments both fine utilities for having excessive power outages from not trimming out power line easements. My particular power company has been fined millions of dollars for not keeping after the easement tree trimming, and for having seriously poor customer service.

They don't give a shit about my tiny lawsuit, and won't change a single thing concerning their operations.

I can only hope for a few bucks, and possibly a
meaningful plan for future tree trimming visits where they actually call me in advance so
I can plan on opening the locked gate so they can access the easement without cutting roads in my woods.

Am I the only one who would like to know the outcome of your negotiations?
I can think of three possibilities:
You have settled, but had to sign a NDA.
You are still negotiating.
You have to go to trial and are still waiting.
Please give those of us who pulling for you an update.

Thanks for asking!

Still negotiating.
NDA will likely be part of any settlement.
It might go directly to a summary judgement.
My lawyer isn't exactly pleased with opposing counsel and the lack of communication speed.

Deer season was a bust. Several of the adjoining property owners are aging out.
They no longer participate in deer drives.
This is limiting how/when/where deer run around in the valley.
We see tons of action with the multiple trail camera's during non hunting season.
But this is the worst year in 20+ years for lack of activity during the season.

Still, it was a wonderful time with friends & family for being outdoors!
I did get my GF a DeWalt battery powered heated coat for Christmas.
It's more for her work (heavy highway construction Engineer) but she can also use it during hunting season when she isn't inside the heated shack.

Speaking about the shack, after using it for a hunting season, I'm totally pleased with how it turned out.

We had an unexpected guest for a month. GF's Dad flew here from Florida for
deer season. (he's formerly from here) He was planning on splitting deer season time evenly between his Son & Daughter. (Son is my GF's brother)
Anyway, Dad & Son had a bit of a dust up several days after Dad arrived from Florida and ended up staying a month with us.

For 2025, I need to step up my food plot setup. I'm initially considering a pumpkin patch.

Several weeks ago we got a post card in the mail from the power company.
It said a forester rep from the tree trimming folks would come to the house and talk.
They were doing some easement tree trimming nearby the house.

They visited and we briefly chatted, and the nearby tree trimming
was completed without any issues.

I gave the post card to my lawyer and explained what had happened.
It proved beyond a shadow of a doubt that the power company and tree trimming company
have a system in place that notifies customers that tree trimming will take place.

That existing/in place system was ignored/abandoned when they worked at the recreational
property.

My lawyer and I laughed about it, they had just proved their own guilt.