[December 17, 2012]

Browne Greene Wins Liability Phase in Michael Burke vs. City of San Diego Toppled Palm Tree Trial

Today, Browne Greene (www.greene-broillet.com) and Daniel K. Balaban (www.balaban-spielberger.com) won the liability phase of a bifurcated trial on behalf of clients Michael and Edith Burke in their civil suit for negligence against the City of San Diego. The jury held the City of San Diego liable for injuries sustained by Michael Burke when a nearly 60-foot City controlled Queen Palm tree toppled over on him, cruhing his legs and rendering him a paraplegic. Effective immediately, per the Court's schedule, the case will move forward into the damages phase of the trial, including Opening Statements, starting at about 2:30 p.m. today.

The trial began December 3, 2012 and is being heard in San Diego Superior Court, Department 62 before the Hon. Ronald L. Styn. The damages portion of the trial is expected to last 3-4 days with Court hours running Monday-Thursday from 9:00 AM - Noon and 1:30 PM - 4:00 PM. Michael Burke vs. City of San Diego, Case No. 37-2011-00086969-CU-PO-CTL.

Michael Burke's legs were crushed, rendering him a paraplegic, on January 21, 2010 when a City controlled Queen Palm tree approximately 60-foot tall and weighing thousands of pounds fell over on him in the Mission Hills neighborhood of San Diego. To date, he has undergone a total of 14 surgeries and there is a high probability that he will have to undergo bilateral, below the knee amputations due to the severity of his injuries.

Editor's Note:

Plaintiffs Michael and Edith Burke are represented by Browne Greene with the Santa Monica, CA (News - Alert). law firm of Greene Broillet & Wheeler, LLP (www.greene-broillet.com); Tel. 310.576.1200; and Daniel K. Balaban and Andrew J. Spielberger with the Los Angeles, CA. Law firm of Balaban & Spielberger; Tel. 424.832.7677.

Defendant City of San Diego is represented by Deputy City Attorneys Jane Boardman and Keith Phillips; Tel: 619.236.6220.

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