Appeals court: Christmas tree farms would be wise to post warning signs

By Globe Staff

A Natick woman who sued a "pick-your-own" Christmas tree farm after she slipped and fell while selecting a tree in 2002 received an early present today from the Massachusetts Appeals Court.

The appeals court reinstated Ellen S. MacFadyen's lawsuit against Robert L. Maki and Star of the East Christmas Tree Farm.

MacFadyen was walking through the rows of trees at the farm on Dec. 7, 2002, when she tripped over a tree stump that had been covered by snow the night before. When she fell, her right elbow struck a second snow-covered stump and was fractured.

Maki hadn't posted signs required by state law warning people that he could not be held liable for any injury.

MacFadyen argued that since Maki hadn't posted those signs, he was, in fact, liable.

A Superior Court judge said the wording of the law was ambiguous, ruling that farms are protected from liability even if they don't post the signs.

But a three-judge panel of the appeals court said, "We disagree that the statute is ambiguous."

In a four-page opinion, the court said "an owner of a tree farm must post a warning sign ... in order to avail himself of the protection of the statute."

MacFadyen's attorney, Robert R. Berluti, said the tree farm was in Sutton, but the property had since been developed.

"It seemed to us to make sense that if you failed to post the sign ... there should be a consequence," he said. "You accept the risk by going to pick your own tree and if you don't get that warning, then a consumer doesn't realize that it is accepting the risk."

Maki's attorney, James T. Scamby, didn't immediately return a message seeking comment.

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