Danielle Fellini; Kyle Fellini; Christopher Fellini; David Shelkey, as Personal Representative of the Estate of Lisa Lynette Fellini v. Prometheus Real Estate Group Inc.; Norfolk Atrium; Atrium California; Pacific Gas and Electric Company; PG&E Corporation; Pacific Gas Properties Company; California Department of Transportation; Davey Tree Surgery
Published: Jan. 26, 2013 | Result Date: Jul. 30, 2012 | Filing Date: Jan. 1, 1900 |Case number: CIV499139 Verdict – $3,840,790
Court
San Mateo Superior
Attorneys
Plaintiff
Deirdre O'Reilly Marblestone
(Emanuel Law Group)
Michael A. Farbstein
(Farbstein & Blackman)
Defendant
Facts
The children of Lisa Fellini filed suit against Caltrans, Prometheus Real Estate Group and Pacific Gas and Electric Co., claiming that they failed to properly maintain some Eucalyptus trees near Highway 101. As a result, Fellini was fatally impaled by a falling limb as she drove.
On Aug. 21, 2009, as Fellini was driving on an errand for her job, a eucalyptus tree limb fell and hit her. Fellini was impaled in the chest by the branch. She was then flown to a hospital and underwent massive medical intervention, but died 23 hours later. Fellini's children alleged that the defendants allowed the trees to grow over the road, creating a dangerous situation.
Result
The Fellinis were awarded $3,840,791 against Caltrans, reduced by 25% for fault of others. The remaining defendants settled before trial for $3,750,000, for a total recovery of $6,630,593.
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