Millionaire neighbors at war after tree fell onto $1.1M mansion, killing 81-year-old resident

The son of 81-year-old Frank George Ness Jr. has filed an $8.5 million wrongful-death lawsuit against his father’s neighbor, alleging the neighbor should have known the tree on the property was dangerous and acted to remove it. Ness, of Lake Oswego in the Portland metro area, died Jan. 13, 2024, when a towering tree crashed through the second floor of his home during a severe winter storm. The house, a Lake Oswego property valued at about $1.1 million, was described in court filings as the scene of the fatal collapse.

Joseph Ness, 64, filed the lawsuit last week against Christopher Klock, 57, asserting that Klock should have anticipated the danger and removed the tree. The suit also targets the City of Lake Oswego and the Westwood Homeowners Association for allegedly denying Klock’s request to remove the tree. The Ness family is seeking $3.5 million to cover funeral costs and lost services and $5 million for loss of companionship, according to court documents and local coverage.

The January 2024 storm that struck Lake Oswego produced more than 100 downed trees in the city, and officials said the city responded to at least 70 weather-related calls that day. The case follows a broader pattern of tree-related damage in the area, where neighborhoods are heavily treed and a number of homes were affected by falling trees during the same event. Several families were displaced, and at least one other person died in the storm, according to The Oregonian.

Lake Oswego requires property owners to obtain permits before removing trees under local conservation codes, a policy that has drawn criticism from some residents who say permits are not always granted even when trees pose clear structural concerns. Bruce Williams, a local resident who had a tree fall on his home during that same storm, told The Oregonian that the city does not always grant removal permits despite evident safety risks.

The Ness family described Frank Ness as a California native, a Navy veteran who served 22 years on submarines, and a man who enjoyed the ocean, fishing, and time with his family. After retiring from military contracting work, Ness had moved to Oregon, where his family says he remained active in his community and with loved ones until the tragedy.

The case highlights tensions between homeowner safety, municipal tree-management rules, and neighborly responsibility in a community where many streets are lined with large trees. Local observers note that the storm’s impact exposed gaps in permitting processes and enforcement that can complicate efforts to mitigate hazards before a tree becomes a life-threatening event.