FEATURED SETTLEMENT: City of Burlingame Agrees to $35 Million Settlement to Resolve Fallen Tree Branch Case that Resulted in Fatality

Dangerous Condition

Raymond Wu, et al. v. City of Burlingame (San Mateo County Super Ct.): On August 23, 2021 the City of Burlingame agreed to the terms of a $35 million settlement to resolve the claims brought by Raymond Wu, who suffered a spinal injury and the estate of Bena Chiwa NG, who was fatally injured when a tree branch from an Atlas Cedar Tree struck them during a picnic on Sept, 6, 2020. Plaintiffs claimed that the tree in question was in a dangerous condition due to it being infected with bark inclusion, a condition that weakens the structural integrity of branches. Plaintiffs further alleged that the City of Burlingame neglected to prune the tree properly, which ultimately led to the branches becoming too heavy for the tree to support and the eventual collapse of the branch on that day. Defendant denied all liability, arguing that they regularly maintained and provided care for the trees, and that the bark inclusion was not visible was not observable from a ground inspection. Plaintiffs were represented by the Meisel Law Group.