On Aug. 21, 2009, at approximately 1 p.m., plaintiffs’ decedent Lisa Fellini, 47, a hotel manager and owner of a pet care business, was driving her 1997 Lexus LX 470 on the transition ramp from northbound Highway 101 to eastbound Highway 92 in San Mateo. As she passed beneath a limb from a large Eucalyptus tree, the limb broke loose and took other branches with it. As a result, tree limbs smashed onto Fellini’s car, crushing the roof and penetrating the windshield. Fellini was impaled by a portion of one of the tree limbs, which weighed in excess of 500 pounds, and died approximately 24 hours later. It was determined that the base of the Eucalyptus tree was located below the freeway on the property line between the private property owner, Prometheus Real Estate Group Inc., and the California Department of Transportation’s right of way. Pacific Gas and Electric had powers lines in the vicinity of the subject tree, which stood amongst a row of trees that framed the edge of the Prometheus property and Caltrans’ right of way on the other side. As a result, PG&E had an easement on the property for purposes of maintaining its power lines. In addition, the limbs of the Eucalyptus tree extended well into the airspace above the roadway and directly above the line of traffic. The decedent’s daughter, Danielle Fellini; the decedent’s twin sons, Kyle and Christopher Fellini; and the decedent’s brother-in-law, David Shelkey, acting as the personal representative of the decedent’s estate, sued the owner and managers of the adjacent property, Prometheus Real Estate Group Inc., Norfolk Atrium and Atrium California Inc. They also sued the California Department of Transportation; Pacific Gas and Electric Co.; PG&E Corp.; Pacific Gas Properties Co.; and their contractors, Asplundh Tree Expert Co., Davey Tree Surgery Co., and The Davey Tree Expert Co. The decedent’s children and estate alleged that the defendants were negligent in the maintenance of the Eucalyptus tree, creating a dangerous condition that made the defendants liable for the Lisa Fellini’s wrongful death. Plaintiffs’ counsel contended that it was apparent from historic photographs and circumstantial evidence that the offending tree was present for many years, and that it and other trees in the area were “topped” at some point, interrupting the natural shape of the trees and causing limbs to grow more horizontally from the topping cut. Counsel noted that as a result, limbs extended up and out, reaching over the right of way, and above the lane of travel. Counsel further noted that the limbs overhanging the freeway were approximately 35-50 feet long, reaching a height over the freeway of over 17 feet. Thus, plaintiffs’ counsel contended that the Prometheus defendants failed to maintain the trees at all, making no effort to inspect or maintain them, and, instead, relied upon PG&E to make the necessary pruning cuts. Counsel also contended that although others in the vicinity had pruned the trees for line clearance, the actual cuts on the subject tree raised questions about the accuracy of PG&E’s confusing records. Plaintiffs’ counsel further contended that some evidence existed that Caltrans may have been responsible for the original topping cuts, given the varying height of the cuts on the stand of trees, relative to the graduated height of the freeway ramp. Counsel maintained that Caltrans has a tree maintenance protocol, called Module 7, which called for periodic inspections of trees in or adjacent to the right of way, and for immediate removal of hazardous trees, defined as trees with a structural defect that predisposes it to failure and is in close proximity to people or property. Counsel also presented evidence that Caltrans failed to follow its own protocol and that the existence of Module 7 was unknown to local Caltrans personnel, who relied, instead, upon an understanding that, so long as a tree looked “green and healthy” and was not blocking traffic, it did not need maintenance. The evidence also allegedly showed that a Eucalyptus tree was the wrong species of tree to be in the location adjacent to the freeway, as Eucalyptus are known to be prone to “sudden limb drop” and are nicknamed “widowmakers” for that reason. Plaintiffs’ counsel contended that the topping of the tree was a prescription for failure, since it created weak limb attachments and long, un-tapered branches that were more prone to breakage. Counsel also contended that the risk potential of the tree was unacceptably high, since the tree branches overhanging the freeway were dangerously heavy, given the potential for harm, and that over 19,000 cars a day passed underneath those tree branches, known as a “high target value” in tree risk assessment terminology. Counsel further contended that the risk for failure was readily observable by a visual inspection, as acknowledged by witnesses and experts for all parties. In addition, plaintiff’s counsel contended that in order to have prevented the risk of harm, it would have involved easy limb reduction work with easy access to accomplish the task. Prometheus denied liability, blaming Caltrans and PG&E for the failure to maintain the Eucalyptus tree or take corrective action. PG&E made an extensive review of its records, and claimed that it never pruned the subject tree. Caltrans argued that the base, or trunk, of the subject tree was growing on the property of the private owner, Prometheus, and not on Caltrans’ right of way. Additionally, it argued that the limb that broke was not one of the limbs overhanging the freeway, which meant the tree was not a dangerous condition of public property. Thus, Caltrans sought to lay the fault entirely on the other defendants. Caltrans’ counsel argued that there was no evidence that Caltrans had topped the trees and that topping is against Caltrans’ policy. On the contrary, counsel contended that there was clear evidence that PG&E had topped the trees and, in fact, PG&E had a policy of topping trees. Caltrans’ counsel further argued that Module 7 was known to local Caltrans personnel, but a judgment call was made that the tree did not pose a danger. In addition, counsel argued that that the label “widowmaker” actually applied to a giant species of Eucalyptus tree in Australia, which had nothing to do with the tree in this case., Lisa Fellini was impaled by a tree branch, causing extensive internal , including lacerations of internal organs. She was airlifted to Stanford Hospital & Clinics in Stanford, and underwent exploratory surgery and massive blood transfusions in an effort to stem the bleeding. However, Fellini died the next day, on Aug. 22, 2009, given the extensive and irremediable internal bleeding. She was 47. Fellini was survived by her daughter, Danielle Fellini, 21, and her twin sons, Kyle and Christopher Fellini, both 18. Thus, the decedent’s family sought recovery of wrongful death damages. By stipulation, the parties agreed to the amount of $340,791, representing the loss of support and actual cost of medical care.