Case details
Rotting tree crushed driver, family claimed
SUMMARY
$7500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death
FACTS
On Oct. 15, 2018, plaintiffs’ decedent Dennet Bermas, 34, a nurse, was backing her vehicle out of the carport attached to Waterstone Garden Apartments, the apartment complex where she lived in Tustin. A 40-foot eucalyptus tree toppled onto her car. Bermas was crushed inside the vehicle and died. Bermas’ husband, Paulo Bermas, and her parents, Pacita Orcullo and Ursicio Orcullo, sued the owners of the complex, Waterstone Garden Investments, LP, and Shu Chia Sun, acting individually and as trustee of The Stone Sun and Shu C. Sun Revocable Trust. The lawsuit alleged that the defendants failed to properly maintain the property, creating a dangerous condition. Lauri Lee Reuter was also named as a defendant, but she was ultimately removed from the case. Plaintiffs’ counsel contended that the 40-foot eucalyptus tree was overgrown and decayed and that the complex owners had prior knowledge of the tree’s dangerous condition but failed to have it removed. Defense counsel contended that the tree had been properly trimmed over the years and that it was not unreasonably dangerous. Thus, counsel asserted that it was an act of God that caused the tree to fall., Dennet Bermas sustained multiple crush and died at the scene. She was survived by her husband, Paulo Bermas; mother, Pacita Orcullo; and father, Ursicio Orcullo. The decedent’s family sought recovery of wrongful death damages.
COURT
Superior Court of Orange County, Orange, 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
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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