Eric and Michele Moyer of Belmont have filed a suit alleging that state park officials were negligent in maintaining Portola Redwoods State Park in La Honda. The San Jose Mercury News outlines their argument:
Eric and Michele Moyer are suing the state for undisclosed damages after the tanoak fell on their daughter while she slept in their tent at a campsite at Portola Redwoods State Park in La Honda, near the Santa Clara County border, in August 2009. The lawsuit, filed in San Mateo County Superior Court recently, says the horrified family looked on as the tree collapsed onto the tent and struck their daughter’s body and head, causing a "catastrophic crushing injury to her skull and resulting in brain damage." The parents claim the girl, who is now 4, will have a permanent disability and added that they felt emotionally scarred from the ordeal.
The tragedy is that the family will never know how their daughter may have grown up, but the case remains undecided and the California state parks system has issued a statement that it has not yet reviewed the evidence, and will be examining the tree’s health. The plaintiffs allege that the tree was near enough to campsites that help create revenue for the parks. Competent legal professionals may be able to help families like the Moyers determine whether or not another party may be at fault. [Image: USDA Forest Service] DISCLAIMER: Booth & Koskoff is not representing any of the parties mentioned in the article at the time it was posted. If you were involved in this incident or a similar incident we recommend you contact a reputable law firm for a consultation. We have published information on How to Shop for a Personal Injury Attorney as a free resource. If it turns out you need an attorney, we offer a free confidential consultation. Call us at 888-212-0440 or complete the contact form to the right.