Yi Na Tan Chen and Qi Kang Tan v. City of Sacramento, Sacramento Department of Parks and Recreation, and Does 1 through 100, inclusive
Published: May 17, 2014 | Result Date: Sep. 25, 2013 | Filing Date: Jan. 1, 1900 |Case number: 34-2013-00139467 Settlement – $1,875,000
Court
Sacramento Superior
Attorneys
Plaintiff
Andrew H. Meisel
(Meisel Law Group)
Donald E. Krentsa
(Meisel Law Group)
Defendant
Chance L. Trimm
(Office of the Sacramento City Attorney)
Facts
On April 27, 2012, Yi Na Tan Chen visited William Land Park in Sacramento. A falling tree branch fell and hit Chen. She filed a lawsuit against the Sacramento Dept. of Parks and Recreation and the City of Sacramento.
Contentions
PLAINTIFF'S CONTENTIONS:
Chen contended that after she finished reading a book under a tree in the park and prepared to leave, a tree branch, which was 50 feet and one ton, fell on her. She argued that defendant failed to maintain the tree properly and consequently caused a dangerous public condition. Plaintiff argued that the defendant knew about the unsafe nature of the tree due to prior incidents and that the current incident was preventable.
Settlement Discussions
Plaintiff demanded $4,100,000 and the defense offered $500,000.
Damages
Chen asked for $379,000 in medical expenses and $71,000 in lost earnings.
Injuries
Plaintiff suffered fractures at L1, L3, her clavicle, pelvis and rib. She also sustained post-traumatic stress and spleen laceration. She received internal fixation and open reduction.
Result
According to a settlement agreement, Chen received $1,875,000, of which the city paid $379,000 in medical expenses, $71,000 in lost wages, and $1,425,000 in general damages.
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