A Tree Falls from Helen Homeowner's Property onto the Parked

Essay

A tree falls from Helen Homeowner's property onto the parked car of Nelly Neighbor, who lives next-door to Helen. The car was very valuable and is now a total loss. Both parties agree that the tree was not diseased. They also agree that the tree fell because of an act of nature - an ice storm that had weighed down the tree's limbs. The only question is whether, under applicable state law, the homeowner on whose land the tree grew is liable for the loss or whether the automobile owner must bear the loss for an event caused by an act of nature.
Can this case be disposed of prior to trial with a pretrial motion? If so, what pretrial motion would be appropriate in this case? In your answer, discuss whether evidence outside the pleadings could properly be considered.