The son of an elderly man who di3d after a towering tree fell on his $1.1million Oregon home has filed a lawsuit against the neighbor for failing to prevent the tragedy.

Frank George Ness Jr., 81, of Lake Oswego in the Portland area, died on January 13, 2024, after a tree crashed through the second floor of his home during a winter storm.

His son, Joseph Ness, 64, filed an $8.5million wrongful d3ath lawsuit against Frank’s neighbor, Christopher Klock, 57, last week, alleging the neighbor should have known the tree was a danger and failed to remove it.

The lawsuit also claims the City of Lake Oswego and the Westwood Homeowners Association denied Klock’s request to remove the tree.

The elder Ness warned his neighbor about the tree and his him to remove it, court documents stated.

The Ness family has requested $3.5million to cover funeral costs and lost services and $5million for loss of companionship, KGW reported.

The Daily Mail has contacted the younger Ness’ lawyer and the Klock family for comment.

More than 100 trees fell in Lake Oswego during the January storm, authorities said, and the city responded at least 70 weather-related calls that day.

Frank George Ness Jr., 81, of Lake Oswego, died on January 13, 2024, after a tree crashed through the second floor of his home during a winter storm

The victim’s son filed an $8.5million wrongful death lawsuit against his father’s neighbor, alleging that he should have known the tree was a danger and failed to remove it

Several families were displaced during the storm due to downed trees hitting homes, and at least one other person di3d, according to The Oregonian.

The area is known for its abundance of tree-lined neighborhoods.

Lake Oswego requires property owners to receive permits before removing trees due to conservation codes.

Resident Bruce Williams, who had a tree fall on his home during the January storm, told The Oregonian that the city doesn’t always grant removal permits, even when the trees present structural concerns.

His neighbor’s tree came crashing into his home, nearly hitting his 12-year-old twin boys.

‘The tree just missed them,’ he told the outlet.

Residents have complained the city’s conservation codes impact homeowner safety.

Pictured: A large tree between the two homes in 2016

The victim had asked his neighbor to remove the tree, according to the lawsuit, which also blames the Westwood Homeowners Association and the City of Lake Oswego for allegedly denying the neighbor’s request for removal (pictured: The neighbor’s home in 2024)

More than 100 trees fell in Lake Oswego during the January storm, authorities said, and the city responded at least 70 weather-related calls that fateful day

The Ness family remembered Frank for his love of the ocean, surfing, and spending time with family.

The California native was a Navy veteran who spent 22 years serving on submarines, according to his obituary.

After retiring, he went on to work for a few military contractors, which took him to Oregon.

‘Frank enjoyed spending time with his family and loved fishing and could be found on the ocean and local lakes doing what he loved most,’ his family wrote.