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chscl_gw

neighbors dead tree....

chscl
9 years ago

How do I politely ask my neighbor to remove the dead tree hanging over my property? Its close to our property line and on a stormy/windy day we've gotten limbs and branches on our side which I've been picking up without mentioning anything. I'm not sure when this tree will fall or IF it ever will but I dont want to take any chances of it falling on my house. But the tree is dead as can be!
The husband thinks we should offer to split the cost of the removal . I'm not against it and realize its probably the most neighborly thing to do - but at the same time feel kind of peeved that we should pitch in to pay for something thats not ours! Tired of always being the nice guys. I mean, if it was my dead tree I would have had it removed asap for fear it would fall and hurt someone or damage something!
Thoughts , opinions?

Comments (42)

  • Vertise
    9 years ago

    He needs to take his own dead tree down. It can cost thousands. As it poses a danger, you could always report the tree to the township so there is a timeline for its removal. I wouldn't get into negotiations with them. That can go south. It's his tree, so why should you have to pay for it? You have plenty of your own expenses. Is he going to chip in there? I think not, lol.

    Now if you somehow know they have no money and are truly struggling, and you are wealthy with nothing to ever worry about, by all means give them your money. But I doubt that's the case, in my experience. They could be very miserly and have more money than you- but still be more than willing to have you pay for their expenses anyway.

  • jackfre
    9 years ago

    It is his tree and his responsibility. It is your house you want to protect. As a neighbor, I think it is fair to ask the tree owner what his plans are. Quietly state your concerns. If a little money helps grease the ways and lets you sleep better and you can afford to do so then offer to help to whatever degree you feel is fair and you are comfortable with. If the neighbor barks, call the town and document the request and the danger. I kinda like to keep a friendly fence line myself. I suspect his initial response will tell you which way it will go. Telling someone they "have" to do something on their place is an excellent way for it to not get done and kinda sours the fence line.

  • woodbutcher_ca
    9 years ago

    Hi, You might check with your insurance agent, If a wind storm toppels the tree over on your property thier insurance will claim an act of God and you or your insurance will be on the hook for removal and repair of your property, A letter now concerning his neglect of the problem may shift the lialibtly to him.
    Woodbutcher

  • chscl
    Original Author
    9 years ago

    We have an idea of what it will cost to take the tree down and it wont be anywhere near thousands ! That's the only reason why we would even suggest to split it ðÂÂÂ
    If he was a really nice neighbor he would just take the tree down and not even take our money ....that would be the right thing to do.
    It can go both ways , he can take the tree down and we can split it , or he can tell me to bug off cos he doesn't think the dead tree is a hazard. I can't necessarily guarantee that the tree will fall on my house , can I? If that's the case I will just have to send him the letter that states the tree is dead and a hazard . That way , IF it ever does fall on my house -I have some kind of documentation it was negligence. But damn! Don't want to wait for that to ever happen! Just want the dead tree gone!

  • Vertise
    9 years ago

    Why even offer to split it? Some people simply do not think about their properties much, or procrastinate terribly. Either let him know it is dead or have the township do it. Sometimes it's best to stay out of things anonymously, since you have to live with him every day. I see no reason you owe him money for him to remove his dead tree. I certainly wouldn't wait for it to fall on the house or for falling limbs to hurt someone. Trees are not something to mess with.

  • PRO
    Christopher Nelson Wallcovering and Painting
    9 years ago

    What woodbutcher said above^^ for sure, trust me, I know. Also having been in the tree care industry ,it is your right to remove anything that is hanging over you're property line, providing you do not have equipment on the neighbors. At least that was the law 20 years ago.

  • PRO
    Whitelacey
    9 years ago

    I agree with Christopher. Anything hanging over your property line is yours to do with as you wish as long as it does not affect the tree detrimentally. Which, in this case, it won't.

    Linda

  • akamainegrower
    9 years ago

    No idea where you are located, but in much of the Northeast at least, trees growing within a certain distance from a property boundary - 10 feet either side of the boundary is common - are considered to be "line trees" and are the property and responsibility of both owners. The "it's his tree, his problem" seen in many posts above may be entirely untrue not to mention counterproductive. Splitting the cost of removal is by far the best option.

  • chscl
    Original Author
    9 years ago

    Thanks everyone for your input. I know that I can cut the limbs that hang over my property but I didn't know about boundary trees . I am in NYS so I will look into that . As you can see I am really trying to go the "friendly route" .
    You can never figure ppl out these days! What you think is a reasonable request can sound outrageous to the other person . Who knows, maybe they don't even want to get rid of the dead tree for whatever bizarre reason. ð³
    If I'm lucky it will just fall into my yard......that will be the least of my problems.

  • morz8 - Washington Coast
    9 years ago

    "If I'm lucky it will just fall into my yard......"

    No, if it just falls into your yard, there is a good chance the costs of removal will be solely your responsibility. It would have to damage your house or a structure before your insurance or his would step in. Depending on the size of the tree and what equipment might be available to you, how many helpful friends you have, that could run from several hundred dollars into the thousands.

    I found (the hard way) in 2007 during a freakish wind storm even by our coastal standards, I was required to have notified the neighbor, preferably in writing or something I could have documented, that I had concerns about her tree. Growing with the trunk immediately at the legal lot line, nothing about 'line tree' carrying any attention at all.

    I had not expressed concerns and that left my own homeowners and any expenses not covered entirely to me with her homeowners policy assuming no responsibility at all. I paid the deductible, my insurance paid for about $14,000 in repairs. My policy covered removal of the tree only as far as making the house safe and unencumbered. They did not pay for removal of the portion of the log (substantial, it was an 80' pine) left in my yard, or damage to my landscaping.

  • Vertise
    9 years ago

    You are correct to worry about a reasonable and polite request backfiring. Especially when there is money involved, even small amounts. Remember though that being friendly does not mean you have to give him your money, to pay him to take his tree down. Although there are plenty of people who would take advantage of your good nature that way.

    How much is the removal? It is very expensive around here. So of course people put those type things off.

  • ionized_gw
    9 years ago

    I know that when apparently healthy trees go down in storms the tree belongs to the property that it falls on. I suspect that having an apparently healthy tree fall in a storm to damage a neighbor's property is a very different thing than leaving an obviously dead and dangerous tree standing. The former is just an accident. The latter might have obvious liability for the tree's owner. It should be no different than driving with an obviously unsafe vehicle. Yes, insurance will cover both dead and live trees falling, but the liability shifts. Pointing out the hazard to the dead tree's owner and the authorities before it falls may have an impact on what happens after it falls and does damage. The owner won't be able to claim that they were unaware of the hazard.

  • dreamgarden
    9 years ago

    Sometimes trying to be nice backfires.

    We have two acres of woods next to us. Lots of ash trees have died in the past 5 yrs. We hired a tree service to take down the dead ones in our yard. Then we contacted the owner (mail) of the lot to inform him of the three 60-70ft monsters that were threatening our house/garage. We asked him to please remove them and let us know when he planned to do this as we wanted to watch. We included a quote from the tree company we used in case he hadn't already made arrangements.

    We went out to breakfast for an hour one Saturday. When we got back there were 3 guys cutting logs in the middle of our backyard. I asked who they were. The guy who seemed to be in charge was snotty. He said to talk to the owner of the lot. Tried to blow me off. I said your on MY PROPERTY and I have the right to know who you are. Especially since he was trespassing. He wouldn't tell me that, or the name of the company was, so I said I'm calling the police. The guy yelled 'she's crazy, she's calling the police, get these logs out of here'.

    The police weren't much help but at least they told him to get out of my yard. I was irritated that they didn't at least check the guy's license to see if he was registered (or had any warrants).

    Then the owner came by. He said 'Didn't you want me to remove the trees'? I said 'Sure, but we asked you to tell us when it was going to be done and who you would be using. Then you deliberately arranged to have them come by when you knew we would out? WHY? What is the name of the company and why do you/they have a problem telling me who they are? Probably because they AREN'T licensed and bonded with the city? Which means they are breaking the law in the first place and second, if they drop a tree on my house, they won't have the proper insurance/bonding to take care of it themselves, instead of making me use my own insurance? NO THANKS.'

    Another neighbor whose property abuts theirs, did what Snookums2 mentioned. They didn't bother contacting the owner. They went straight to the city. The city sent the owner a note telling them they had x number of days to fix the problem or the city would do it for them and send them the bill. It probably cost them a pretty penny which is probably why they tried to do what they did to us.

    I'm sorry I didn't do this the first time. This is what we will do next time.

  • bus_driver
    9 years ago

    Your frustration is understood. But deadlines imposed by the city usually eliminate some of the opportunities to get quotes that may help lower the cost. Notifying the city is always an option that can be taken if more gentle methods fail. That sword can cut both ways.
    Given the innumerable and onerous regulations that exist in most places, eventually the neighbor may have opportunity to sic the city on you.
    In my rural area, some properties can be cited if a sprig of grass is showing in a private graveled driveway.

  • sdello
    9 years ago

    The guy was doing work for your neighbor. It is the neighbor's responsibility to make sure the guy was/is insured. I think if you'd would have just left and not acknowledged that they were there then they likely could have finished the job without incident. The trees would be gone and everyone is happy.

    If there was an incident then it would likely involve taking the neighbor to court and charging the workers with trespassing but they brought that on themselves trying to save some money.

    Demanding that the neighbor remove the trees and at the most expensive route possible must be the most prudent legally but as you said the job did not get done and now there's lots of ill-wiil between you and your neighbor anyway.

    I just think it's tough/unfair to just expect the neighbor to spend money where he gets no benefit because you want the hazard removed. If you were really worried then you could pay to have the trees taken away.

    Just throwing it out there.

  • chscl
    Original Author
    9 years ago

    "I just think it's tough/unfair to just expect the neighbor to spend money where he gets no benefit because you want the hazard removed. If you were really worried then you could pay to have the trees taken away"

    I'm not understanding ...so you think it's unreasonable for me to ask for a dead tree to be removed only because there is "probable cause" that it will fall on my house?
    I'm going to talk to the neighbor this weekend and it he tells me he thinks we are crazy and that the tree isn't coming down anytime soon on our house I better have some comeback! I mean, I can't force him to take the tree down!

  • eaga
    9 years ago

    If one has a hazardous tree on one's property, and one is put on notice that the tree is hazardous and does nothing about it, then one is responsible for damage caused by that tree. You already know your neighbor's tree is hazardous because it's been dropping branches on your property. I think the neighborly thing to do is to give him the benefit of the doubt that he's unaware of the situation. Tell him about the branches that have been falling, and your concerns about the tree itself coming down, and ask him what can be done about it. Point out the bad stuff that could happen if the tree falls down. If he's reasonable, he'll take care of it. If he tells you to get lost, then I would send him a certified letter putting him on written notice that the tree is hazardous. This helps protect you - if the tree does fall and damage your property, he (or his insurance company) is on the hook for repairs if he knew it was hazardous and did nothing about it. Otherwise he can say it's just an act of Nature and he's not responsible.

    He should maintain his own trees and I don't see why you should pay for him to take proper care his property so that it's not a danger to his neighbors. It's nice to offer, but you could be setting yourself up for similar expectations in the future.

  • snoonyb
    9 years ago

    "then I would send him a certified letter putting him on written notice that the tree is hazardous."

    As determined by?????????????

  • eaga
    9 years ago

    "As determined by?????????????"

    Good question. To me, it was determined by the fact that, accoding to the OP, limbs and branches have been falling on the OP's property.

  • scrappy25
    9 years ago

    I think that it is OK to offer to split the cost if you think it is reasonable, he/she may or may not take you up on it. It may cost less than repairing damage on your property when a big branch does come down.

    At the very least you need to let them know that it is a problem now and a potential bigger problem later. You will still be responsible for damage repair costs unless that warning is in writing and sent officially.

    Been there and done that.

  • bus_driver
    9 years ago

    I happened to recall some years ago when my (now deceased) Mother called me to say that her next door neighbor "Hazel" reported that a tree on Mother's property was leaning toward Hazel's house. When I inspected the tree, it was a seemingly non-diseased pine about 12" diameter with firmly rooted stump but the trunk was split for about 4' upward-- a REAL hazard.
    I am reasonably experienced in tree cutting, have 5 chainsaws in good operating condition. So I asked Hazel (also now deceased) if I could fell the tree into her yard and then clean up the debris. She readily and eagerly agreed in that it would eliminate the threat to her house. So all it cost was a day of my donated labor. Hazel helped rake up smaller debris near the end of the cleanup.

    Two elderly women were relieved and pleased and remained good friends so long as they both were alive.
    If communication had broken down at any point before that, the cost could have been much greater.
    Talk with your neighbor.

  • Vertise
    9 years ago

    If he won't take it down, then you will have to notify the township. Take pictures of fallen limbs, as well as the certified notarized? letter.

    You should not have to pay your neighbor's bills, pay him to maintain peace, or buy his friendship. If he thinks you should, then he is not someone you want to involve yourself with anyway.

    Hope all goes well. Please update!

  • chscl
    Original Author
    9 years ago

    We spoke to the neighbor yesterday and he said he would take care of it!
    We will just get a quote for the dead tree removal along with the removal of a tree on our property -hopefully he will be good to his word!
    Pheew ! Thank goodness he didn't give us a hard time.

  • Vertise
    9 years ago

    All that worrying! Having a couple things lumped together should help move things along, as they can drag on. I would ask for separate billing from the arborist just to be safe.

  • eaga
    9 years ago

    I'm glad it went so well! Fingers crossed that he keeps his end of the bargain.

  • sdello
    9 years ago

    I had to go back and reread some of these posts. I got confused between the OP and dreamgarden.

    OP I'm glad your situation worked out.

    dreamgarden's neighbor had someone come and cut down the trees but he didn't like the look of the guys doing the work and came off like he wanted the trees handled his way but with the neighbor paying for it. IMHO, it doesn't work that way.

    FYI, Currently, there are two fairly large trees intertwined at the property line. One tree is on my neighbor's side and the other is on my side. The location is away from my house but adjacent to the neighbor's driveway and within striking distance of the house. Both trees are healthy but the potential exists for damage from a large wind storm or lightning strike because or their proximity to the neighbor's house.

    Someone suggested to my neighbor that the trees should be taken down. She got an estimate and they said to take each of the trees in separate projects it would be $1000/each but if they did it at the same time it would be $750/ea. It's not worth $750 to me as I don't see a threat. I told her if she wants to have both down, then go for it and in the interest of being a good neighbor I'll throw $300 at it but that's as far as I'm going to go.

  • Jon 6a SE MA
    9 years ago

    Tell them you are concerned and ask if they are going to cut it down. If they don't take action then locate your tree warden police or whoever has responsibility in your town and report it.

    I know laws differ. In some localities ownership is determined by the majority of the trunk. In Massachusetts when any portion of the trunk is on another's property it is considered joint ownership (boundary or line tree) and neither party can cut it down without both agreeing.

    Do not under any circumstances assume you have the right to cut down a tree even if it is just slightly on someone else's property.

  • talley_sue_nyc
    9 years ago

    I thought part of Dreamgarden's problem was that the guys were supposed to be cutting down trees in the neighbor's lot, but they were cutting up the logs on -Dreamgarden's- property.

    So they were trespassing. and when confronted, they were obstructive and nasty instead of being apologetic ("Oh, I didn't realize this was your property--we thought it was part of the other lot where we're working").

    I understand the worry about having the work done by someone you don't influence and who isn't licensed or bonded, since if they botch it, the tree will fall on your house.
    But---if the tree cutter wasn't licensed or bonded, and a tree fell, wouldn't all the liability then fall to whoever hired them (the owner of the other property)? The liability doesn't vanish into thin air--it's always the responsibility of the landowner who hires the contractor. The landowner can hire a contractor who will take over that liability for him, but it's still his liability, and the contractor is his agent.
    More hassle, maybe harder to collect, but still--there is still someone liable for the damage, even if the contractor has no insurance.

  • Vertise
    9 years ago

    "Dreamgarden's neighbor had someone come and cut down the trees but he didn't like the look of the guys doing the work and came off like he wanted the trees handled his way but with the neighbor paying for it. IMHO, it doesn't work that way."

    Of course the people should be licensed and insured and of course the neighbor should be paying for it. I think it would be illegal otherwise around here. They would need to be licensed and insured and maybe even need a permit.

    That a couple of 60-70 foot trees looming over her house are coming down that could fall on it and kill anyone in it or on the property, she has every right to involve herself. Or if one of the workers were hurt on her property. That is extremely foolish to undertake without insurance. A homeowner being able to save a little bit of money that way doesn't even enter the equation. You don't mess around with trees irresponsibly and you don't stand by and watch such idiots put everyone else at risk. It's her property. She is being responsible, not bossy or self-centered, by trying to protect it.

    "She's crazy, get these logs out of here". That's pretty funny!

  • dreamgarden
    9 years ago

    Sdello-"I had to go back and reread some of these posts. I got confused between the OP and dreamgarden.

    OP I'm glad your situation worked out.

    dreamgarden's neighbor had someone come and cut down the trees but he didn't like the look of the guys doing the work and came off like he wanted the trees handled his way but with the neighbor paying for it. IMHO, it doesn't work that way. "

    I wonder if Sdello would mind if her husband said 'Honey, we are going to hire unregistered contractors (violation) to chop down the tree hanging over our neighbors garage/house so we can save a buck. Too bad if they don't like it!'

    I did not insist that the neighbor use someone of my choosing. The guys the neighbor hired WEREN'T registered with the city. They did NOT have insurance. They were tresspassing/breaking the LAW. I do not play nicely with people that patronize/disrespect me. Perhaps you do? Which might explain your confusion about my post/gender...

    Maybe that is the way things are done in your community. Thankfully, not in mine.

  • dreamgarden
    9 years ago

    by talley_sue_nyc-"I thought part of Dreamgarden's problem was that the guys were supposed to be cutting down trees in the neighbor's lot, but they were cutting up the logs on -Dreamgarden's- property.

    So they were trespassing. and when confronted, they were obstructive and nasty instead of being apologetic ("Oh, I didn't realize this was your property--we thought it was part of the other lot where we're working")."

    Exactly. The entire way they went about it stunk. The neighbor wasn't nice, nor were the scab contractors he hired. IF my neighbor were on the up and up then he shouldn't have minded telling me who the contractor was. Who knows? I might have used them for work in the future. But only if they were properly licensed.... which they weren't...

    That is why I called the police. I'm not interested in having to use my insurance to correct any problems a scab contractor might make that will affect MY property.

    Thank you, talley_sue_nyc for acknowleging this.

  • dreamgarden
    9 years ago


    Snookums-"You don't mess around with trees irresponsibly and you don't stand by and watch such idiots put everyone else at risk. It's her property. She is being responsible, not bossy or self-centered, by trying to protect it.

    "She's crazy, get these logs out of here". That's pretty funny! "

    Thank you Snookums. I just want people to act responsibly and be polite when doing things that affect my property.

    It was a bit funny to watch three burly grown men scream like little girls when I announced I was calling the police. Never saw guys move so many heavy logs in such a short time....:) Reminded me of a video I saw by Will Smith back in the 80's of him running from his strict mother!

    I took pictures of them on my property (as well as a pic of their license plate). I expect that should help engender a little more respect if they have any other jobs in the future.

    A link that might be useful:

    "Parents Just Don't Understand" by DJ Jazzy Jeff & The Fresh Prince

    www.youtube.com/watch?v=jW3PFC86UNI

  • sdello
    9 years ago

    "I wonder if Sdello would mind if her husband said 'Honey, we are going to hire unregistered contractors (violation) to chop down the tree hanging over our neighbors garage/house so we can save a buck. Too bad if they don't like it!'"

    People hire people to do quick jobs all the time. In the absence of any pictures to see what the job entails, I'll refrain from making a call on whether I would use them or not. What do you have against people saving money?

    "I did not insist that the neighbor use someone of my choosing. The guys the neighbor hired WEREN'T registered with the city. They did NOT have insurance. They were tresspassing/breaking the LAW."

    Again, in the absence of specific circumstances of the situation I'll refrain from further comment. It's not rocket science to cut down trees/tree limbs. Yes if they're on your property without your permission it's trespass. You did want the trees/limbs down did you not?

    "I do not play nicely with people that patronize/disrespect me. Perhaps you do?"

    Again, I don't know the specifics and at this point really don't care. I'm gathering that you have an uneasy relationship with your neighbor. That could be why these guys were so jumpy. He told them to watch out for you.

    "Which might explain your confusion about my post/gender... "

    And yours with mine. I don't have a husband, I have a wife and for further clarification, I'm hetrosexual.

    "Maybe that is the way things are done in your community. Thankfully, not in mine."

    We work together in my community and if I wanted trees down that belonged to the neighbor, the neighbor brought some guys in to do it, and they seemed competent, I likely would not demand to see their business card or insurance certificate. If the work involved having trees/logs on my property, I'd likely let them get the job done. Too bad you and neighbor don't get along so well.

  • rwiegand
    9 years ago

    I'd avoided reading this thread until today because I figured it would bug me. I was right. I'm really, really happy that I don't have some of you as neighbors. Where I live when one of us wants to do something we talk to each other like adults, engage in problem solving, and work together to deal with the issue. We don't always agree, of course, but we'd all also be appalled if it required a lawyer or intervention of the town to resolve something as simple as a tree. Trees drop branches, sometimes they fall over; it's in their nature. You just talk with each other and deal with it. Sometimes they need a skilled professional with a boom truck and a crane, sometimes it can be handled by me and my chain saw with a few minutes work.

    Assuming the worst in going into an interaction with others is the most likely approach to produce the worst. Let's be a little generous with each other folks!

  • Vertise
    9 years ago

    "Sometimes they need a skilled professional with a boom truck and a crane, sometimes it can be handled by me and my chain saw with a few minutes work."

    Really? You can take down three 60-70 foot trees, near a house, in a few minutes? You'd scare the helloutta me, lol.

    "You just talk with each other and deal with it. "

    Wouldn't that be great. Some are like that, unfortunately there are plenty who aren't and they will take advantage or push around the reasonable nice guys who they view as dumb weak easy pushovers. And then there's the aftermath of dealing with such people. Who you don't know you are dealing with until you are In up to your eyeballs.

    Once money, or territory, becomes involved, the trouble begins. Because for what seems like most people, MONEY trumps as what's THE most important thing in life. And there are a lot of *really *downright CHEAP people out there who will quibble over small amounts - if it affects their own bank account, or bristle up if they feel their precious territory is somehow being bossed or infringed upon by others, however trivial or non-existent the issue is. Even when they don't give a rat's patouttie about that territory - if it's even theirs to begin with! lol.

    This post was edited by snookums2 on Mon, Nov 10, 14 at 17:38

  • rwiegand
    9 years ago

    Sure there are jerks in the world, but there are a whole lot more people who will act like jerks of you treat them like jerks to start with. I find over many decades of having tried it both ways that starting off treating others like sensible people is much more likely to elicit sensible behavior in return. Sometimes it doesn't and you have to adjust, but not so often as you might think.

    Over the last 50 years I'd have to guess I've dropped upwards of 1000 60-120 ft trees without having hit a building, myself, or any bystanders and have perhaps unreasonable trust in my judgement about whether or not I can drop a tree safely. That said I try hard not to be stupid, and just last week hired a guy who could still climb (I'm getting too old for that) and drop it in pieces to take down a big white pine overhanging the power lines. And, no, I didn't check his insurance or licensing, instead I watched him do other work and determined that he was attentive, competent, and careful about his work, something much harder to come by than compliance with some set of regulations (given his personality and competence however I'd be shocked if he didn't have all of his insurance and permits in place.)

  • dreamgarden
    9 years ago

    Sdello-"What do you have against people saving money? You did want the trees/limbs down did you not? Again, I don't know the specifics and at this point really don't care. Too bad you and neighbor don't get along so well."


    Sdello, it seems as if you have a problem with people (women?) who want to protect their property from people who don't give a crap about the rules.
    Nice of you to take the time to let everyone now how much you don't care! ;)

    That being said, I'm glad the OP has a reasonable neighbor who is going to take care of the problem.

  • chscl
    Original Author
    9 years ago

    Just wanted to follow up and let everyone that the neighbor took his dead tree down earlier this week ðÂÂÂ
    Thanks for all the feedback and input!

  • sunnyca_gw
    9 years ago

    Glad the tree is gone! Dreamgarden, glad those guys trespassing on your property with neighbor's logs didn't cut through a log & their foot & try to sue you since they were on your property!! I saw a guy that did that & I told the ER he goes in 1st I can wait! I'd just fallen out of bed forgetting I was in a dorm upper bed. Landed on my knees. Other guy was spurting blood! Could have been mess like that for you to deal with.

  • sdello
    9 years ago

    how'd you see a guy cut his foot if you were in bed and how'd you know he did it on someone else's property and sued them?

    Did he win the lawsuit?

  • Vertise
    9 years ago

    This was another patient waiting to be seen at the ER.