According to the lawsuit, Ronan was playing at Villa La Jolla Park in June when a massive 34-foot branch from a eucalyptus tree suddenly snapped and fell approximately 60 feet, striking both Ronan and his father, Cathal Kerr. The impact left the 4-year-old critically injured and his father with serious wounds, including a brain injury, facial lacerations, and broken bones.
Despite being rushed to the hospital, Ronan died seven days later from his injuries.
At the time of the incident, Ronan had been beside his father and 7-year-old brother, Charles, who narrowly escaped harm. The lawsuit describes Cathal Kerr’s desperate attempt to pull his sons to safety before the massive branch came crashing down.
The Kerr family’s lawsuit, filed Tuesday in San Diego Superior Court, names both the City of San Diego and two contractors allegedly responsible for maintaining city trees. It claims the eucalyptus tree that killed Ronan was visibly decayed and improperly maintained.“The tree’s branches and limbs were large, elongated, heavy, angled, and improperly maintained to the point that it was obvious to a trained eye that the tree would catastrophically fail,” the lawsuit alleges.
The suit also argues that San Diego had long been aware of the dangers posed by aging and unhealthy eucalyptus trees, citing more than 30 similar incidents since 1983 — including one at the same park. In that year, another 4-year-old was killed by a fallen tree branch near the San Diego Zoo. In 2013, a pregnant woman and a man were seriously injured by a fallen tree on the UC San Diego campus.
“Eucalyptus trees in San Diego parks … were posing significant dangers to the public,” the filing states.
“The city’s inspection and maintenance protocols were grossly inadequate to identify hazardous trees before they failed.”
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In an emotional statement, Ronan’s father, Cathal Kerr, described the devastating loss of his son:
“My love for him is just so immense, so immense still. I miss him every second of the day,” he said.
“Just not to have him and his companionship is something that my heart will never get over. He was such a big part of our family. We’re broken. We’re broken.”
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