Browne Greene Defeats City of San Diego’s Motions for New Trial and JNOV in Michael Burke Toppled Palm Tree Trial

SAN DIEGO--(BUSINESS WIRE)--Today, Browne Greene (www.greene-broillet.com) and Daniel K. Balaban (www.balaban-spielberger.com) successfully defeated the City of San Diego’s Motion for a New Trial and its Motion for Judgment Notwithstanding the Verdict on behalf of their clients, Michael and Edith Burke. The motions were heard and denied by the Hon. Ronald L. Styn in the matter of Michael Burke vs. City of San Diego, Case No. 37-2011-00086969-CU-PO-CTL.

Last year, on December 21, 2012, a jury awarded the Burkes $7.675 million in their civil suit for dangerous condition of public property against the City of San Diego after the jury held the City liable for injuries Michael Burke sustained when a nearly 60-foot City controlled Queen Palm tree in the Mission Hills neighborhood of San Diego toppled over on him, crushing his legs and rendering him a paraplegic. The trial began on December 3, 2012 and was heard before San Diego Superior Court Judge Ronald L. Styn.

To date, Michael Burke 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 were represented by Browne Greene with the Santa Monica, CA. law firm of Greene Broillet & Wheeler, LLP (www.greene-broillet.com); Tel. [phone]; and Daniel K. Balaban and Andrew J. Spielberger with the Los Angeles, CA. Law firm of Balaban & Spielberger; Tel. [phone].

Defendant City of San Diego was represented by Deputy City Attorneys Jane Boardman and Keith Phillips; Tel: [phone].