A lawsuit over the death of a Lake Oswego man killed by a falling tree during the January 2024 ice storm has been permanently dismissed, ending a legal battle that lasted more than two years.

A Clackamas County judge dismissed the $8.5 million wrongful death case brought by Joseph Ness over the death of his father, Frank George Ness Jr. The dismissal applies to all three defendants — neighbor Christopher Klock, the city of Lake Oswego and the Meadowcreeks at Westwood Homeowners Association — and the case cannot be refiled.

Ness Jr. died Jan. 13, 2024, when a tree from Klock’s property fell onto his home in the Westlake neighborhood during a major ice storm that damaged more than 100 trees across the city.

The lawsuit alleged Klock failed to address the tree despite concerns raised before the storm. It also claimed the city and homeowners association prevented the tree’s removal after Klock sought approval.

The court dismissed the case with prejudice, meaning no claims can be brought again. No party was found liable, and no settlement was reached.

Lake Oswego Deputy City Manager Madison Thesing confirmed the city is no longer involved in any legal proceedings. She said the dismissal came through the court and was not a settlement, adding that the city continues to recognize the loss experienced by the Ness family.

The case had drawn attention to questions about who is responsible for hazardous trees in Lake Oswego, where property owners, homeowners associations and the city may share authority over tree decisions. Because the lawsuit was dismissed rather than decided at trial, it does not establish a legal precedent on those issues.

Residents concerned about potentially dangerous trees on neighboring properties can contact the Lake Oswego Planning Division through the city’s website.