LAKE OSWEGO, Ore. — The family of a man killed when a tree fell on his home during a powerful winter storm in January has filed an $8.5 million wrongful death lawsuit against the tree’s owner, the City of Lake Oswego, and a local homeowners association.
The Lawsuit
On Sept. 17, 2025, Joseph L. Ness filed the lawsuit on behalf of his father’s estate in Multnomah County Circuit Court. The complaint names Christopher E. Klock, the City of Lake Oswego, and the Meadowcreeks at Westwood Homeowners Association as defendants.
The suit stems from the death of Frank George Ness Jr., who was killed on Jan. 13, 2024, when a large tree from Klock’s property collapsed onto his Lake Oswego home during a storm that brought high winds and widespread damage across the metro area.
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Claims Against the Defendants
Court filings allege that Klock failed to properly inspect, maintain, or remove the tree, even after being warned that it was hazardous. According to the lawsuit, Ness himself had previously asked Klock to remove the tree out of concern for its safety.
The complaint further asserts that both the City of Lake Oswego and the homeowners association prevented Klock from removing the tree, denying him permission despite repeated requests. As a result, the family argues, all three parties share responsibility for the fatal incident.
Family’s Demand for Damages
The Ness family is seeking $8.5 million in damages:
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$3.5 million for funeral expenses, lost services, and financial support.
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$5 million for the emotional loss of companionship and guidance that Frank Ness provided to his family.
Court documents note that Frank is survived by his wife, Rita Ness, who now resides in Nevada; his sons Joseph and Larry Ness; and his stepdaughter Joy Natale.
The family has also requested a jury trial to decide the case.
The Deadly Storm
The tragedy occurred during a severe January 2024 storm that pummeled the Portland region with high winds and heavy rain.
According to Lake Oswego Fire Marshal Gert Zoutendijk, the city responded to at least 70 weather-related incidents that day. Approximately 20 trees fell onto homes, while more than 100 trees were toppled citywide.
The storm left behind widespread damage, underscoring the vulnerability of older trees in residential neighborhoods.
Broader Questions of Responsibility
The lawsuit raises larger questions about property owner liability and the role of city governments and HOAs in regulating tree maintenance.
Attorneys for the Ness family argue that all three defendants either ignored or actively obstructed efforts to address a known hazard, creating the conditions for the fatal collapse.
Legal experts note that cases involving falling trees can be complex, often requiring courts to weigh the rights of property owners against municipal or HOA rules meant to preserve neighborhood character.
No Immediate Response
As of this week, none of the parties named in the lawsuit — Klock, the City of Lake Oswego, or the Meadowcreeks at Westwood HOA — had publicly responded to the allegations.
City officials have previously defended their tree removal policies, arguing that regulations are designed to balance safety with environmental and community concerns.
A Family Seeking Justice
For the Ness family, the lawsuit is about more than financial compensation. It represents an effort to hold accountable those they believe could have prevented Frank Ness’s death.
“Frank was a devoted husband, father, and stepfather whose loss has left a tremendous void,” the complaint states.
Whether the case proceeds to trial or ends in settlement, it highlights the devastating consequences that can result when warnings about potential hazards go unheeded — and the enduring pain left behind for families when tragedy strikes.
