A judge dismissed a lawsuit filed by a woman who was injured when a eucalyptus branch fell on her as she walked along a paved path near Mission Bay, the City Attorney’s Office announced Monday.
Lorin Toeppe sought $25 million in damages for injuries she suffered when the branch struck her in 2013. She alleged that the Mission Bay path was a dangerous condition for which the city of San Diego was responsible.
The City Attorney’s Office successfully argued that cities have statutory immunity for the conditions of pathways, such as the Mission Bay trails, which give the public access to recreational or scenic areas.
Public entities were given immunity to encourage them to open property to the public. Otherwise, courts have found, municipalities would sooner close their recreation areas to the public than bear the burden and expense of maintaining perpetually “safe” conditions and defending and paying injury claims.
City attorneys noted that hundreds of thousands of people annually use the Mission Bay trail on which Toeppe was injured. They said many are bicyclists, rollerbladers, skateboarders and walkers, traveling at different speeds and vulnerable to collisions with each other and encounters with debris, rocks and tree branches.
“San Diego is rightly famous for the beautiful parks and trails it maintains for its residents and visitors,” said City Attorney Jan Goldsmith. “But we could not afford these amenities if taxpayers were on the hook for every unfortunate accident that occurs when people use public spaces for recreation.”
Superior Court Judge Eddie Sturgeon dismissed the lawsuit on Monday.
— City New Service