Coopers LLP recently secured an $890,000 settlement on behalf of a mother and her two young daughters after a dangerous public property condition left the mother with life-altering spinal injuries. Our team’s thorough investigation and expert medical causation testimony were able to overcome a powerful defense that focused on the client’s medical history and treatment gaps.
A day at the park turns to tragedy
The incident occurred in June 2021 when our client, whom we will refer to as Jane Doe, was enjoying a Sunday afternoon with her daughters, aged 5 and 10, at a neighborhood park owned by a local Municipality.
While the children played, Jane sat at a picnic table beneath a large, end-heavy Chinese elm tree. Suddenly, without warning, a massive tree branch snapped and plummeted downward, striking Jane’s spine. The impact fractured four of her vertebrae (L1–L4 transverse processes) and knocked her to the ground. Her daughters, though not directly hit, witnessed their mother immediately screaming in pain and terror.
Our investigation revealed that the tree was not native and was prone to breaking.
Jane was rushed to the hospital with 10/10 pain and spent a week admitted, unable to walk or lie flat. She required a back brace, a walker upon discharge, and months of intensive care from her husband to manage her basic needs. In the years that followed, she suffered from debilitating, constant back pain and crippling anxiety she had never experienced before.
Identifying the dangerous condition
The Coopers team immediately recognized the legal claim: the local Municipality was liable for maintaining a dangerous condition of public property. Our investigation revealed that the Chinese elm tree was not native to the area and was prone to breaking. Repeated, inadequate top and side trimming by utility workers had created unstable, end-heavy branches, and the City’s tree inspection system was reactive rather than preventive. The danger was foreseeable, and the City failed to act.
Fighting the causation defense
The defense was prepared to fight the claim aggressively, using two main hurdles to argue that the Municipality’s negligence was not the cause of Jane Doe’s current suffering:
- Pre-existing condition: The defense pointed to Jane’s medical history, which included intermittent low back pain and an MRI showing a minor disc bulge years before the incident. The defense argued that her current severe pain and disability were simply a continuation of her pre-existing condition.
- Gap in treatment: The defense further argued that Jane had a substantial gap in seeking specific pain management treatment after the initial physical therapy. This allowed them to assert that any pain she felt now was related to her pre-existing issues or her lack of consistent, immediate care, rather than the original trauma.
The winning strategy
To overcome these arguments, the Coopers team relied on comprehensive medical and lay witness testimony:
- Establishing a new baseline: We used extensive photo and video evidence to show Jane Doe was an active, healthy woman before the incident — jogging, hiking, and lifting her children — despite her intermittent back pain. Her post-incident life, requiring a spinal cord stimulator and constant medication, was a complete break from her prior physical activity, proving that the falling branch created a new, constant, and permanent injury.
- Connecting pain to trauma: We connected Jane’s continuing pain to the L1–L4 fractures caused by the impact. Furthermore, we argued that the anxiety and emotional distress suffered by Jane and her daughters stemmed directly from the traumatic, life-altering experience of the injury and witnessing her immediate suffering.
By demonstrating that the injury was the sole proximate cause of Jane’s current constant pain, and by preparing for trial with robust medical testimony, Coopers LLP forced the Municipality to recognize their exposure.
After hard-fought negotiations, our team secured a settlement of $890,000 to cover Jane’s past and future medical expenses and to compensate the family for their pain and suffering.
Prosecuting attorneys: Kimberly Wong, Maryanne Cooper, and Miles Cooper of Coopers LLP.
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