Trial Magazine

Doe, 12, went camping with his family at a San Mateo County, Calif., park. One morning, a 72-foot-tall tree crashed down onto Doe’s tent, crushing his pelvis. He required amputation of his right leg, pelvis, and buttock and underwent more than 30 surgeries over a six-month period. Now 18, he suffers from incontinence, uses a colostomy bag, and will require lifelong care. His medical expenses were approximately $3 million.

Doe sued the county, alleging liability for a dangerous condition on its property. The plaintiff also alleged that Davey Tree, the company the county had hired to look for hazardous trees, failed to identify the tree that fell on Doe. Finally, suit alleged that Pacific Gas & Electric Co. (PG&E) and Western Environmental Consultants (WECI), the entities that inspected power lines for the presence of hazardous trees, failed to remove the tree that fell.

The county and PG&E asserted immunity. The plaintiff countered that the fallen tree had died of a naturally occurring fungus after being affected by a paved roadway in the park, an improvement that precluded immunity.

The parties settled for $47.5 million. The county and Davey Tree paid $30 million, and WECI’s insurers paid the remainder under an indemnification agreement between WECI and PG&E.

Citation: Doe v. Pac. Gas & Elec. Co., No. 515962 (Cal. Super. Ct. San Mateo Cnty. May 10, 2018).

Plaintiff counsel: AAJ member Timothy G. Tietjen, San Francisco.