Analysis in the speed and motion of the falling tree demonstrated the impact of the falling tree on the human body.
Serious physical injuries, including sometimes catastrophic head and spine trauma, can result from falling tree hazards on both public and private property. Often such hazards are a result of improper installation and maintenance, factors that played a role in an incident at a popular Florida resort that caused devastating spinal cord injuries to a visiting tourist. In the resulting litigation, both the timing and the mechanism of injury were in dispute. Hayes+Associates was retained on behalf of the Plaintiff to reconstruct the incident and help resolve these disputed issues.
On March 30, 2011, a 53-year old woman was visiting the resort with her family, when a queen palm tree, incorrectly installed by a local landscaping company, fell on her as she was walking along a pedestrian walkway during strong winds. As a result of the impact, she was paralyzed below the nipple line, requiring extensive surgical and medical treatment and many months of rehabilitation. The woman brought suit against both the contracted landscaping company and the resort. James W. Holliday of Holliday Karatinos Law Firm (http://www.helpinginjuredpeople.com) retained Hayes+Associates to reconstruct the incident and help explain how the woman suffered her paralyzing spine injuries. Erik D. Power, P.E., served as the lead engineer (www.hayesassoc.com/welcome/#our-team-section) with H+A founder, Wilson C. “Toby” Hayes, Ph.D., slated to testify were the case to go to trial.
Plaintiffs argued that both the landscaping company and the resort knew or should have known that the tree was incorrectly installed and maintained and that these defects were the direct cause of her catastrophic injuries. The team at H+A reconstructed the event sequence to address the Defense contention that she should have been able to avoid the falling tree had she been sufficiently attentive. The analysis indicated that, given the wind speeds, the woman did not have sufficient time to avoid the falling tree. In addition, the reconstruction of the injury biomechanics demonstrated that the woman’s spine was severely bent by the tree trunk. However, as the tree approached the ground, its speed was slowed and then stopped by the palm fronds at the crown, thereby protecting the woman from being crushed. Dr. Hayes was deposed in the case, which subsequently settled in mediation. The settlement amount was sealed under protective order.
Hayes+Associates, Inc. (https://www.hayesassoc.com) is an expert witness and consulting firm based in Corvallis, OR. The company brings more than 75 years of collective experience in academic research, university teaching and forensic testimony to practice areas that include vehicle collisions, premises safety, slips and falls, products liability, worker safety, sports and recreation, patent litigation and criminal matters.