Facts

On July 21, 2021, at Mayflower Park in Riverside, plaintiff Tamalelagi Schwalger, 15, was traumatically injured when a large tree branch failed from a 45-foot tall Coolibah (Eucalyptus) that stood adjacent to Tama's campsite and fell directly on him. Tama was knocked unconscious, airlifted to Rady's Children's Hospital.

Tama brought this lawsuit by and through his father and guardian ad litem, Robert Schwalger, against the County of Riverside for dangerous condition of public property.

DEFENDANT'S CONTENTIONS: Defendant disputed liability as the county argued that wind caused the branch to fall onto Tama and that they could not have anticipated the branch to fail.

Injuries

Upon impact, Tama was knocked unconscious, airlifted to Rady's Children's Hospital, and diagnosed with a severe diffuse axonal traumatic brain injury, skull fractures, acute respiratory failure, and acute kidney injury. He underwent emergency surgery on his brain on July 22 to evacuate the subdural hematoma. He spent over two months in the hospital and was finally discharged to a rehabilitation facility on Sept. 29, 2021. The extent of damages was also in dispute. Tama has a history of Down's syndrome with developmental delay and cognitive deficits.

Result

The case settled for $12 million.