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.