A Norwalk Superior Court judge has approved a $28 million settlement that the city of Whittier has agreed to pay 19 family members of 61-year-old Margarita Mojarro, who was killed by a falling 80-foot tree during her daughter’s 2016 wedding party in Penn Park.
According to the Whittier Daily News, there was no opposition to the settlement from Stephanie Oviatt, the photographer’s assistant who has filed her own lawsuit against the city, or from West Coast Arborists, which was under contract with the city to inspect and trim trees at Penn Park. The city and 19 family members are also suing the arborist.
An Incident That Could’ve Been Prevented
The fatal incident that led to these lawsuits happened on the afternoon of Dec. 17, 2016, after Patricia and Alvaro Garcia’s wedding. Wedding photos were being taken at the park when a 70-foot blue gum eucalyptus tree fell on family members, causing catastrophic injury and death. Mojarro died at a local hospital. The bride’s 3-year-old niece suffered critical traumatic brain injuries, and at least six others suffered non-life-threatening injuries.
The lawsuit alleged that the city of Whittier had no policy or procedure for inspecting the health of its trees and failed to notice evidence of the tree’s serious decline. Lawyers for the family said the tree’s defects had existed for more than a decade before it fell and that this tragedy was completely avoidable.
The city’s attorneys argued that the city-contracted arborists trimmed the tree in 2014 and reported no problems with it to Whittier. Mojarro’s husband, Feliciano, is scheduled to receive $2.9 million from the settlement, and four of her children are set to receive $3.3 million. Family members said they have suffered post-traumatic stress disorder symptoms in addition to physical injuries as a result of that incident.
We commend the law firm that obtained this significant settlement for this family. Our hearts go out to the Mojarro family for their tremendous loss and pain.
Dangers Posed by Eucalyptus Trees
Eucalyptus trees, which are native to Australia, have earned the moniker “widow maker” in that country – for good reason. Eucalyptus trees have shallow roots that don’t go deep enough to bear the weight of the trunk, which could get large and heavy. So, when there is heavy or even moderate wind, there is the risk of the tree falling. Eucalyptus trees must also be pruned annually to control the top growth and their overall height. The tree must be inspected by a certified arborist, ideally annually.
If a tree or tree branch has injured you or a loved one because it wasn’t inspected or properly maintained, our experienced Los Angeles personal injury lawyers can help you secure maximum compensation for your losses. At Bisnar Chase, we handle all types of tree accident cases, including injuries from tree falls and falling branch trauma. If the accident was caused by negligence, our team can help.
Source: https://www.whittierdailynews.com/2020/10/23/judge-oks-28-million-settlement-in-whittier-tree-lawsuit-case-san-pedro-woman-was-killed/
Brian Chase
Articles, blogs, and content have been reviewed by legal in-house staff. Brian Chase is the managing partner of Bisnar Chase Personal Injury Attorneys, LLP. He is the lead trial lawyer and oversees cases handling dangerous and defective products that injure consumers. Brian is a top-rated injury attorney with numerous legal honors and awards for his work relating to auto defects and dangerous products. His firm has recovered over $1B for its clients. Brian is a frequent speaker for CAOC, Dordick Trial College, and OCTLA, covering personal injury trial techniques.
