LONG BEACH, Calif. — A jury recently awarded $5.19 million to a man who sustained serious injuries when a tree branch fell on him in El Dorado Park, highlighting concerns over city tree maintenance. Joseph Robinson, 68, was walking his dog, Cookie, when a 200-pound branch knocked him unconscious. Cookie escaped unharmed and ran for help, while bystanders worked to free Robinson, who was subsequently rushed to the hospital.
Robinson’s attorney, Brian Breiter, described the injuries his client suffered as life-altering. Robinson experienced spinal damage requiring surgical intervention to fuse two parts of his spine, along with a concussion that has resulted in ongoing balance issues and post-traumatic stress disorder. The incident forced Robinson to retire from his teaching career and abandon physical activities he enjoyed, such as skiing and surfing.
The jury’s unanimous verdict included $188,470 for Robinson’s medical expenses and $4.9 million to compensate for the pain and suffering he endured, along with losses in enjoyment of life and emotional distress. The incident took place in May 2023, and Breiter emphasized the gravity of the situation, noting that had the fallen branch struck a child or another elderly individual, it could have resulted in fatalities.
In response to the jury’s ruling, Long Beach city officials announced plans to file motions seeking to overturn or reduce the verdict. Principal Deputy City Attorney Howard Russell indicated that if these motions were unsuccessful, the city would consider appealing.
To successfully advocate for his client, Breiter and co-counsel Jeff Twomey presented evidence that city officials were aware of the risks posed by the tree but failed to take necessary precautions. They referenced a 2016 city audit indicating inadequate tree maintenance, which heightened the danger of falling branches. Long Beach acknowledged in 2021 that a significant portion of its tree population—14,000 out of 29,000—were either “dead, diseased, or dying.”
Since the audit, the city has reportedly removed over 5,300 dangerous trees and allocated $400,000 for a new seven-year trimming cycle intended to address maintenance issues. The tree responsible for Robinson’s injuries was recorded as being in “poor” condition in city records, which the jury found compelling.
Russell contended that the tree was inspected and trimmed less than a year before the incident and was deemed healthy at that time. He stated there were no visible indicators suggesting a branch could fall. Breiter argued, however, that the city’s maintenance practices amounted to nothing more than superficial care, lacking a thorough examination of structural integrity.
During closing arguments, Breiter adopted a creative approach by personifying the tree, implying that it had silently displayed signs of its deteriorating health. The jury ultimately agreed that the city’s efforts to mitigate the risk were insufficient, resulting in the substantial award for Robinson.
The $5.19 million verdict is among the largest in a tree-related lawsuit against a city. Notably, Long Beach had previously settled for $1.4 million in a 2021 case involving a mother and her young child who were also struck by a falling tree branch.
This case raises critical questions about the responsibilities of municipalities regarding public safety and tree maintenance. Residents of Long Beach and nearby communities will undoubtedly keep a close eye on how the city addresses these infrastructure challenges in the future.
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