Paulo Bermas, Pacita Orcullo and Ursicio Orcullo v. Waterstone Garden Investments, LP; Laurie Lee Reuter; Shu Chia Sun; and Shu Chia Sun, as Trustee of The Stone Sun and Shu C. Sun Revocable Trust
Published: Mar. 5, 2021 | Result Date: Sep. 11, 2019 |Case number: 30-2018-01039035-CU-PO-CJC Settlement – $7,500,000
Judge
Court
Orange County Superior Court
Attorneys
Plaintiff
Spencer R. Lucas
(Panish Shea Boyle Ravipudi LLP)
Nadine N. Khedry
(Panish, Shea & Boyle LLP)
Noriel L. Flores
(Law Offices of Noriel L. Flores)
Melissa J. Herbito
(Law Offices of Noriel L. Flores)
Defendant
Kim Schumann
(Schumann Rosenberg)
Robert T. Mackey
(Veatch Carlson LLP)
J. Dean Rice
(Hartsuyker, Stratman & Williams-Abrego)
Facts
Plaintiffs Paulo Bermas, Pacita Orcullo, Ursicio Orcullo, and the estate of Dennet Bermas, sued Defendants Waterstone Garden Investments, LP, Laurie Lee Reuter, Shu Chia Sun, and Shu Chia Sun, as Trustee of The Stone Sun and Shu C. Sun Revocable Trust after a tree fell on Dennet Bermas at a housing complex, causing her death.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended on Oct. 15, 2018, plaintiffs' decedent Dennet Bermas, 34 and a nurse at the time, reversed her vehicle out of the carport attached to Waterstone Garden Apartments where she resided, when a 40-foot eucalyptus tree toppled onto her car. Plaintiffs contended as a result of Defendants' failure to maintain the premises and tree, Bermas was crushed inside the vehicle and died. Plaintiffs' further contended that the 40-foot eucalyptus tree was overgrown and decayed which provided the complex owners with prior knowledge of the tree's dangerous condition, yet Defendants failed to have it removed.
DEFENDANTS' CONTENTIONS: Defendants denied Plaintiffs' contentions and contended that the tree had been properly trimmed over the years and was not unreasonably dangerous. Defendants further the tree falling was not contributed to Defendants' actions or alleged omissions because it was an act of God that caused the tree to fall.
Result
The parties agreed to settle for the amount of $7,500,000.
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