WESTFIELD, NJ — A tree crushed a local man’s car and knocked him unconscious, causing permanent injuries because the town and property owners failed to maintain that tree properly, a lawsuit filed last month claims.

David Weinman, of Westfield, claims in the lawsuit filed in Superior Court in Elizabeth the tree fell on his car and knocked him out while he was driving on Boynton Avenue toward Roger Avenue March 2, 2018, and as a result, he suffered permanent injuries.

“Defendants knew or, in the exercise of reasonable care should have known of the existence of said dangerous, hazardous condition prior to the date in question and failed to correct or otherwise cure the … conditions,” the suit claims.

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The municipality's insurance provider, the Joint Insurance Fund, is handling the matter, said Kim Forde, spokeswoman for the town. "The town cannot comment on pending litigation," Forde said.

Weinman was among three drivers hospitalized when trees fell on moving cars during the nor’easter that night.

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The lawsuit claims the town along with the property owners — Hong-Ro Mo and Hai Ying Cui — who the lawsuit also names, allowed for the dangerous condition.

According to the lawsuit, Mo cut the root of the tree between its sidewalk next to the property and Boynton Avenue, something that later caused the tree to fall.

Efforts to reach Hong-Ro Mo and Hai Ying Cui for this story were not successful.

Weinman, who is a dentist with offices in Westfield, seeks compensatory damages, interest and the costs of the lawsuit.

As reported, residents and municipal officials in Westfield have prided themselves on the municipality’s tree-lined streets, going to great lengths to preserve the greenery.

Email Staff Writer Matt Kadosh at mkadosh@tapinto.net; Follow him on Twitter: @MattKadosh

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