On October 27, 2019, a large tree fell in downtown Martinez during a farmer’s market, injuring multiple people. Defendant City of Martinez owned the tree that fell. The City of Martinez was responsible for burying the tree too deep in the ground and for planting the tree inside of a wooden nursery box. There was also other conduct by the City that led to the tree being comprised, including damaging it during a downtown beautification project. The City had 19 years to notice and remediate the dangerous condition but failed to do so. At trial, the City of Martinez stipulated that it was liable for a dangerous condition of public property pursuant to California Government Code §§ 835(a) and 835(b).
One of the plaintiffs witnessed her 10-month-old son’s stroller crushed by the tree. Although the child only suffered minor physical injuries, the plaintiff was subsequently diagnosed with chronic post-traumatic stress disorder. She also suffered a fracture of the left medial talar bone in her ankle that required surgery, including an open reduction internal fixation (ORIF) of the left medial talar body and a left medial malleolar osteotomy and fixation. The ankle injury caused her to suffer an income loss as a pediatric occupational therapist in private practice, where she helps children with autism and their families in sensory gyms. She was awarded $4,147,521 in damages by the jury.
The other plaintiff was holding her two-year-old in her arms when the tree struck her in the upper back, causing fractures to the cervical C7 lamina, cervical C6 spinous process, and thoracic compression fractures with loss of height at T6, T8 and T11. She was a stay-at-home mom at the time of the incident but had intended to return to work as a preschool teacher. The jury awarded her $4,017,521.
Congratulations to attorneys Adam Carlson of Casper, Meadows, Schwartz & Cook, Megan Burns of Mirador Law and their clients for a recent outstanding verdict in Contra Costa County Superior Court.