Couple sues over tree branch injuries
Eron Ben-Yehuda
HUNTINGTON BEACH -- A case headed for trial in January demands the city
pay $200,000 for injuries suffered by a former city couple when a tree
branch fell on them last year.
The couple’s attorney warns that more branches, like the 25-foot
eucalyptus limb that fell on Richard and Patricia Gouin, will come
crashing down unless the city starts taking the problem seriously.
“It’s a real public safety issue,” attorney Mark Meyers said. “[But] city
officials have kind of stuck their heads in the sand.”
An arborist hired by the city soon after the March 1998 accident backs up
Meyers’ claims.
Too many trees in the city are old and top-heavy, causing them to break,
according to a report by Steve Holcomb dated April 2, 1998.
The Gouins, now living in New Hampshire, stood chatting at the corner of
12th and Main streets when they heard a “loud cracking noise” and started
running before they were knocked down, court documents show.
City Atty. Gail Hutton refused to comment on the case.
But court documents filed by her office state the city is not responsible
for the couple’s injuries because the tree had “defects” too difficult to
detect.
The city’s insurance risk manager, Karen Foster, has reviewed similar
claims. In many instances, the city wasn’t legally responsible because
strong winds caused the branches to break.
“They’re considered acts of God,” she said.
The city has adequate safeguards to protects residents, said Daryl Smith,
the city’s park, tree and landscape superintendent.
His crew inspects each of the city’s 60,000 trees about every three
years, and if a problem is detected the tree is removed, he said.
Sometimes, though, nature takes over, he said. A few years ago, heavy
rainfall followed by hot weather stimulated the growth of trees, making
them more top-heavy than usual, he said.
“We just can’t keep up with seasonal stuff like that,” he said. “We’re
doing everything we can do, based on the budget we have.”
Accidents, such as what befell the Gouins, may be the price residents
have to pay to enjoy the beauty of old, stately trees, City Councilman
Tom Harman said.
“Unfortunately, incidents like these happen,” he said.
Question:
OUT ON A LIMB?
What, if anything, does the city need to do about its trees?
Leave us your thoughts on our Readers Hotline at 965-7175, fax us at
965-7174 or e-mail us at hbindy@latimes.com. Please include your name and
city where you live.
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