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Torts
Premises Liability
Negligent Repair/Maintenance

Roger Langbehn v. City of Sacramento

Published: Aug. 27, 2011 | Result Date: Jul. 26, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 34-2008-00009042 Verdict –  Defense

Court

Sacramento Superior


Attorneys

Plaintiff

William L. Brelsford Jr.
(Brelsford, Androvich & White)


Defendant

Chance L. Trimm
(Office of the Sacramento City Attorney)


Facts

Roger Langbehn was sitting on a park bench in Sacramento after a fishing tournament when a tree branch broke and fell from a nearby tree, striking and killing him.

Contentions

PLAINTIFF'S CONTENTIONS:
Langbehn's family filed suit against the City of Sacramento, alleging the tree and bench constituted a dangerous condition of public property.

DEFENDANT'S CONTENTIONS:
The City contended that the tree and branch were healthy, and there had been no prior issues with the tree to give the City notice the branch would break and fall. The City further alleged that the branch broke due to high winds.

Damages

The family sought between $1.2 and $1.6 million for loss of financial support, companionship, and assistance.

Result

The jury rendered a verdict for the defense.

Deliberation

1.5 days

Poll

9-3

Length

eight days


#114845

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