C.A. 4th;
D069662

The Fourth Appellate District reversed a judgment. The court held that trail immunity did not apply to a cause of action for injuries suffered due to a city's alleged failure to maintain a planted tree.

Lorin Toeppe was walking through the City of San Diego's Mission Bay Park when a large branch from a eucalyptus tree fell and seriously injured her. Toeppe sued the city for her injuries, alleging a dangerous condition of public property. Toeppe argued that the city had been negligent in its maintenance of the tree, which, like all the trees in the park, had either been planted by the city when the park was constructed or was the offspring of one of the original planted trees.