Facts

While volunteering at the Redlands Bowl on July 22, 2006, plaintiff Mary Jane Both, a 48-year-old bank manager, was injured when a 40-foot tree limb fell on her. She sued defendant City of Redlands. City of Redlands cross-complained for indemnity against Redlands Community Music Association, Inc. and Soroptimist International of Redlands, the organization for which the plaintiff had volunteered.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the city was liable for a dangerous condition on public property because it failed to maintain the tree.

DEFENDANT'S CONTENTIONS:
The city argued that the tree did not constitute a dangerous condition, that the limb dropped because of hot and windy weather, and that it had no notice of any unsafe condition.

Specials in Evidence

$88,000 $10,000 The plaintiff claimed an unspecified amount for future medical expenses.

Injuries

The plaintiff claimed temporary brain damage that blurred her vision, slurred her speech, and caused short-term memory loss. She also sustained a T12 fracture, a concussion, a laceration to her head, and suffered head, neck, and shoulder pain. After losing consciousness after the incident, she was brought to a hospital via ambulance and had x-rays and scans. Her hospitalization lasted a week and she had one year of physical therapy. The plaintiff claimed residual pain and need of future fusion surgery.

Result

After mediation with Patricia Barrett, Both agreed to dismiss the suit in exchange for $300,000, and the city agreed to a mutual dismissal of cross-complaints with Redlands Community Music Association Inc. in exchange for $5,000, and dismissal of the city's cross-complaint against Soroptimist International of Redlands in exchange for $5,000.