Haeyoon Miller, 29, of Tustin was killed in Newport Beach after a tree fell onto her car the afternoon of September 15, 2011. According to a news report in The Orange County Register, the fatal accident occurred at the intersection of Irvine Avenue and 17th Street when a 50-foot eucalyptus tree fell on top of Kim's vehicle She was pronounced dead at the scene. Eyewitnesses say they suddenly heard a creaking noise and saw the large tree fall on top of Kim's vehicle. Passers by tried to help her, but couldn't reach her as the tree was lying on the driver's side. The tree, which officials say, weighed about 9,000 pounds, was finally removed using a crane. Soon after the accident, officials removed an adjacent tree which was about the same height as the one that fell.
I offer my deepest condolences to the family members and friends of Haeyoon Miller for their tragic and heartbreaking loss. Miller was apparently an accomplished violinist who studied at the prestigious Juilliard School of Music and performed at Carnegie Hall. She recently opened a sports training studio for children in Costa Mesa, the report states. What tragedy for everyone who knew and loved this accomplished young woman! Please keep them in your thoughts and prayers.
Improper or Inadequate Tree Maintenance?
Based on this news report, it is not quite clear whether the city of Newport Beach knew that this 50-foot blue gum eucalyptus tree presented a danger to the public. Apparently it is in the city's right-of-way. Newport Beach city officials, who have conveyed their condolences and apologies to Kim's family, have launched an investigation into hundreds of similar trees in the city, at least 100 of those lining Irvine Avenue where this tragic accident occurred. Officials say that the tree that fell was pruned in April and that an inspection conducted by an arborist showed no signs of disease.
Liability Issues
The Newport Beach personal injury law firm of BISNAR | CHASE has represented individuals who have been seriously, even catastrophically, injured by improperly or inadequately maintained eucalyptus trees. We secured $2.5 million for a woman in a premises liability case against the California Department of Parks and Recreation. The woman was a visitor at Lake Perris when a eucalyptus tree limb fell on her. She became paralyzed as a result of the injury.
In this particular case, Kim's family may have a wrongful death claim against the city of Newport Beach, which was responsible for maintaining that tree. An experienced Newport Beach personal injury lawyer who has access to tree experts who will be able to determine if there was negligence involved and if the falling of the tree could have been prevented by either maintaining the tree properly or replacing it with deep-rooted deciduous trees. It is important to remember that under California Government Code section 911.2, any personal injury or wrongful death claim against a public entity must be filed within 180 days of the incident.
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Linda Dwyer said:
I live in Newport Heights and was sickened to hear of this tragedy. I pray that the Newport
Beach investigator/experts determine that it is just not worth it to keep these remaining 'type'
of trees and will replace them with something that could not 'cause' another death. I am sure I
am not alone in this thinking. Now, everytime I drive down that street (Irvine Avenue)..which
is every single day...I think about this happening and that it could happen again and claim
another innocent victim like Haeyoon Miller. My sympathy to Haeyoon's family.......such a very
gifted woman with so much to give the world.....I know she will be greatly missed by her family and her students. Such a loss.