Trial Magazine

Doe, 75, was working at a property undergoing tree removal as part of a mixed-use development project. After placing a bollard down to close a fence separating the property from the roadway, he walked to his truck and was struck in the head by a 50-foot eucalyptus tree branch that weighed about 3,000 pounds.

He suffered multiple injuries, including a traumatic brain injury, a torn meniscus requiring a knee replacement, and rib and spinal fractures. He now experiences cognitive difficulties, including memory and executive functioning issues. His past medical expenses exceeded $386,800.

Doe sued the property owners and various contractors involved in the tree removal. The plaintiff asserted that the day before the incident, the tree adjacent to the one from which the branch fell had been removed and that this took away support from the remaining tree, creating a risk that a branch could fall on the roadway.

The defense denied liability and asserted that their actions did not lead to the branch’s failure.

The parties settled for approximately $3.6 million.

Citation: Doe v. Roes, Confidential Dkt. No. (Cal. Super. Ct. San Luis Obispo Cnty. Undisclosed Date).

Plaintiff Counsel: AAJ members Daniel M. Hodes and James A. Chortanian, both of Irvine, Calif.; and Jeff Stulberg, San Luis Obispo, Calif.