$1.15M Settlement for Falling Tree at LA Greek Theatre

Case Background

On November 3, 2021, Amelia L. Sellers and Christian Chico visited the Greek Theatre in Los Angeles. While they were walking through a designated parking and pedestrian thoroughfare known as "Lot H," a massive 90-foot Aleppo Pine tree suddenly uprooted and crashed down on them. The Plaintiffs filed their legal action on September 14, 2022, after they had determined that the property owners failed to ensure the safety of the area. They named the City of Los Angeles, the County of Los Angeles, and ASM Global Theater Management as Defendants, alleging that these entities allowed a hazardous environment to persist on public grounds.

Cause

Amelia L. Sellers and Christian Chico visited the Greek Theatre in Los Angeles on November 3, 2021, for what they expected to be a standard outing. As they walked through a designated parking area and thoroughfare known as "Lot H," the environment suddenly turned life-threatening. A massive Aleppo Pine tree, which reached a height of 90 feet, uprooted and crashed down directly onto the two pedestrians. The legal action followed nearly a year later, as the Plaintiffs filed their complaint on September 14, 2022, alleging that the City of Los Angeles, the County of Los Angeles, and ASM Global Theater Management failed to maintain the grounds. The Plaintiffs asserted that the Defendants allowed a dangerous condition to persist on public property, which led to the tree’s collapse.

Injury

The falling 90-foot tree inflicted serious physical harm on both Sellers and Chico. Because of the impact, both individuals sustained severe personal injuries that required extensive medical intervention. Beyond the immediate trauma of the accident, the Plaintiffs reported that the incident caused them to incur significant hospital and medical expenses. They further claimed that the physical damage resulted in a loss of wages and a diminished capacity to earn a living in the future, as the injuries interfered with their ability to return to their normal professional lives.

Damages Sought

The Plaintiffs pursued an unlimited civil case, meaning they sought a judgment exceeding $25,000 to cover the vast scope of their losses. Specifically, they demanded compensation for their past and future medical bills, as well as the income they lost while recovering from the tree strike. Sellers and Chico also requested general damages for the pain, suffering, and loss of property use they endured following the accident. They asked the Court to award them the costs of the lawsuit and any other relief deemed fair by the judicial officer.

Key Arguments and Proceedings

Legal Representation

Plaintiff(s): Amelia L. Sellers | Christian Chico.

·       Counsel for Plaintiff(s): Aaron R. Stiegler

Defendant(s): City of Los Angeles | County of Los Angeles | ASM Global Theater Management, LLC.

·       Counsel for Defendant(s): Allen L. Thomas | Sivi G. Pederson | Donald G. Forgey | Michael J. Zuckerman

Key Arguments or Remarks by Counsel

Aaron Stiegler argued that the Defendants held a clear responsibility to manage the vegetation on their property to ensure visitor safety. He remarked that a 90-foot pine tree does not simply fall without warning signs and suggested that a proper inspection program would have identified the tree's instability. Conversely, the defense team for the County of Los Angeles, led by Allen Thomas, contended that the public entities acted reasonably and that the incident was an unforeseeable accident. They argued that the County did not even own or control the specific area where the tree stood, shifting the blame toward other entities or the Plaintiffs themselves.

Claims

Negligence in Property Maintenance The Plaintiffs primarily alleged that ASM Global Theater Management and the public entities failed to inspect and maintain the Aleppo Pine. They claimed the Defendants had either actual or constructive notice that the tree was in a dangerous state before it fell. The lawsuit stated that the Defendants negligently repaired and supervised the premises, which created a trap for unsuspecting pedestrians.

Dangerous Condition of Public Property Sellers and Chico argued that under the California Government Code, the City and County were liable for injuries caused by dangerous conditions on their land. They asserted that the public property was in a state that created a substantial risk of injury when used with due care. They argued that the public entities had sufficient time to correct the tree's condition or provide a warning but chose to do neither.

Vicarious Liability and Failure to Warn The legal team for the Plaintiffs also focused on the conduct of the employees and agents working for the Defendants. They alleged that these employees acted within the scope of their employment when they failed to warn the public about the risks posed by the aging vegetation. The complaint highlighted that the failure to provide a safe environment was a direct legal cause of the severe injuries suffered by the Plaintiffs.

Defense

Statutory Immunities The County of Los Angeles asserted several defenses based on the California Government Code. They argued that they were not liable for injuries arising from the acts or omissions of the public entity or its employees unless specifically provided by statute. They also invoked immunity related to the adoption or failure to enforce laws and the exercise of discretion by public officials.

Lack of Notice and Ownership The defense strongly denied that the County owned, managed, or controlled the Greek Theatre's Lot H. They argued that even if a dangerous condition existed, they did not have actual or constructive notice of it in time to take protective measures. Furthermore, they claimed that the property was not in a dangerous condition at the time of the accident according to legal standards.

Comparative Negligence and Mitigation The County alleged that the Plaintiffs failed to exercise ordinary care for their own safety. They argued that any recovery should be reduced because the Plaintiffs' own carelessness contributed to the accident. Additionally, the defense claimed that Sellers and Chico failed to mitigate their damages by not seeking appropriate medical treatment through their health insurance providers.

Settlement

The parties ultimately resolved the matter through a settlement before a full jury verdict was rendered. Although the County of Los Angeles and the other Defendants initially denied all liability and sought a complete dismissal of the action, they eventually agreed to a financial resolution to avoid the risks and costs of a prolonged trial.The Defendants agreed to pay a total settlement amount of $1,150,000 to Amelia L. Sellers and Christian Chico. This sum aimed to compensate the Plaintiffs for their extensive medical bills, the wages they lost during their recovery, and the physical pain they endured after the 90-foot Aleppo Pine fell on them in Lot H. The Court later dismissed the case following the confirmation of the settlement terms, ensuring the Plaintiffs received the funds necessary for their ongoing rehabilitation and future needs.

Court documents are available upon request at jurimatic@exlitem.com