Case details
Branch snapped off of tree and struck park visitor
SUMMARY
$1875000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
back, chest, clavicle, fracture, rib, shoulder
FACTS
On April 27, 2012, at approximately 11:00 a.m., plaintiff Yi Na Tan Chen, 55, a home health care worker, was in William Land Park, a park in Sacramento, to read under a large tree. Upon finishing her reading, Chen got up to walk back to her vehicle, but a 50-foot branch, weighing approximately one ton, snapped off of the tree and struck her, causing multiple fractures. Chen sued the city of Sacramento and the Sacramento Department of Parks and Recreation. Chen alleged the defendants were negligent in their upkeep of the tree, creating a dangerous condition. According to Chen’s counsel, the tree was well-known in Sacramento and because it had experienced prior limb failure, the defendants had notice of the tree’s dangerous condition. Counsel contended the city had failed to properly inspect and maintain the tree, and therefore the failure was a foreseeable, predictable, and avoidable situation. For the purposes of mediation, the defendants did not contest liability., Following the incident, Chen was transported by ambulance to Kaiser Permanente Sacramento Medical Center, in Sacramento. She was diagnosed as having burst fractures at L1 and L3, multiple rib fractures, an extra-articular iliac wing fracture to her left pelvis, a left clavicle fracture, and a laceration to her spleen. Chen underwent an open reduction and internal fixation procedure for her pelvic fracture on April 30, 2012. She also underwent a splenectomy, removing her spleen. As a result of her , Chen experienced residual discomfort and post-traumatic stress disorder. Plaintiff’s counsel contended that Chen had a very difficult recovery, both physically and emotionally. Counsel also contended that Chen’s previously energetic and upbeat personality was decimated due to her injury and recovery, leaving her melancholy and lethargic. Thus, Chen sought recovery of $379,000 in medical costs, $71,000 in lost wages, and an unspecified amount for other damages. Her husband, Qi Kang Tan, initially presented a derivative claim.
COURT
Superior Court of Sacramento County, Sacramento, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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