Trial Magazine

Jane Doe, 29, and her husband, John Doe, 30, were picnicking with friends at a park in Burlingame, Calif., when a 60-foot-long Atlas cedar tree branch weighing 3,000 pounds crashed down on them. Jane was fatally struck on the head. John suffered a spinal cord injury at T6, resulting in paralysis. The Does were both financial analysts earning $75,000 annually at the time of the incident. John’s medical expenses were $971,000. Jane’s survivors include her parents and brother.

Jane’s estate and John claimed the city of Burlingame was liable for the dangerous condition of the cedar tree, which suffered from bark inclusion, a defect that weakens the structural connection between trunk and tree branch. The claimants argued that the tree had been pruned improperly and had multiple branch failures over a period of years.

The parties settled for $35 million. John Doe will receive $32.5 million, and Jane’s parents and brother will receive the rest.

Citation: Doe v. City of Burlingame, settled before filing, Aug. 22, 2022.

Claimant counsel: Andrew H. Meisel, San Francisco.

Claimant experts: Lisa Smith, trees, Los Angeles; Carol Hyland, life care planning, Lafayette, Calif.; and Alex Barchuk, physical medicine, Kentfield, Calif.