SACRAMENTO, Calif. — After a Sacramento jury found the City of Sacramento 100% responsible for an April 2020 accident in McKinley Park, a young physicist who suffered a devastating brain injury when a massive dead tree limb fell on him while jogging has been awarded $33.3 million. The award was filed Friday, October 9.
The verdict is the largest single-plaintiff award in a general negligence case and the largest single-plaintiff verdict against the City of Sacramento.
Michael Flynn was 28 years old, a graduate of MIT and pursuing his Ph.D. in theoretical physics at UC Davis when a 30-foot-long dead tree limb fell from 27 feet above a popular jogging path, crushing his skull and causing a severe traumatic brain injury. Despite undergoing multiple brain surgeries and suffering life-altering injuries, Flynn remarkably went on to earn his doctorate in 2021. However, the permanent damage to his brain has dramatically affected his ability to process information, pursue his scientific research and live the life he once envisioned.
The massive tree limb had been dead for at least 18 months, and likely nearly three years, before it fell. Despite having seven to eight maintenance workers in McKinley Park each day, the City never instructed them to routinely check for dead or dangerous limbs, even above jogging paths, playgrounds and picnic areas.
"The most troubling part of this case is how easily this could have been prevented," said attorney Robert Buccola of Dreyer Babich Buccola Wood Campora LLP. "The City had employees working in this park every day, but no one was instructed to look up for dangerous tree limbs. A basic inspection program could have been implemented without spending another dime. This should be a priority in every public park."
Documents produced by the City during the lawsuit showed that virtually all of the service requests involving dangerous tree limbs in McKinley Park came from residents, not City employees. The trial also revealed that every tree in the park could be inspected twice a year without costing the City another dime, simply by skipping one routine lawn mowing each year.
"This verdict sends an important message about accountability and public safety," said attorney Jason Sigel, also of Dreyer Babich Buccola Wood Campora LLP. "Families should be able to enjoy their neighborhood parks knowing reasonable steps are being taken to protect them. Michael's life was forever changed by a danger that should have been identified and addressed long before this tragedy occurred."
"The verdict was fair, but it certainly wasn't an overcompensation for what Michael has lost," Buccola said. "No amount of money can give him back the life he had planned or the opportunities that were taken from him. Our hope is that this case leads to meaningful changes so another family never has to experience something like this."
“We are pleased that Mr. Flynn has received this measure of justice from the Court, and trust the City of Sacramento will heed this verdict by taking the action necessary to prevent a tragedy like this from happening to anyone else in the future,” Said Jim Donahue, also of Dreyer Babich Buccola Wood Campora LLP.
The case was prosecuted for Michael Flynn by attorneys Robert Buccola, Jason Sigel, James Donahue, and Marshall Way.
