On April 14, 2008, a dangerous outgrowth on Redwood tree number 1243, located in the Stern Grove parking lot, gave way. The 56-foot-long branch crashed down on local dog walker, Kathleen Bolton. She is survived by her parents, Bernard and Mildred Bolton.
Walkup attorneys uncovered reports that, four years earlier, a private arborist hired by the City had rated this tree as a "high hazard risk" because of the large branch cantilevering over the parking spot where Kathleen had parked her car. The City had been informed that the branch could fail at any time, placing San Francisco residents in danger. Yet the City took no action to repair the tree, nor even to warn Stern Grove users not to park in the zone of danger.
As a result, San Francisco lost one of its community activists - a nurse with a big heart, who also operated a dog shelter and rescued a number of dogs from New Orleans after Hurricane Katrina. The City promptly agreed to compensate Kathleen's parents for the loss of their daughter and install a memorial bench at Stern Grove, in honor of Kathleen.
The San Francisco Chronicle referred to Kathleen's death as a "freak accident." More accurately, this was a preventable tragedy. How much would it have cost to place a warning sign under the tree, so that people would not unwittingly walk and park in the zone of danger? California law compensates wrongful death survivors for their loss, and at the same time deters the same senseless tragedy from recurring. The City would not be held responsible for inadequately maintaining public areas without the Boltons' decision to assert their legal rights. Walkup attorneys commend the City for recognizing its responsibility in the premature death of Kathleen Bolton.
