RFTM Lawsuit Obtains Landmark CA Appellate Court Opinions Providing Consumers Greater Access to Justice

SAN FRANCISCO, July 28, 2017 /PRNewswire/ -- A lawsuit involving a child injured at a public campground achieved two landmark published opinions by the California Court of Appeal, which narrow the scope of immunities and protect the rights of injured persons to bring lawsuits. 

In July 2012, a 72-foot rotten tree fell on a sleeping child's tent pitched in a campsite located in a campground at San Mateo County's Memorial Park.  Twelve-year-old Zachary Rowe suffered catastrophic injuries, including a crushed pelvis, damaged organs, and a right leg amputation at the hip.

Attorney Timothy Tietjen of the law firm Rouda Feder Tietjen & McGuinn filed a personal injury lawsuit on behalf of Rowe against San Mateo County and Pacific Gas & Electric. PG&E owns and maintains an electrical distribution line in the park, and the rotten tree was within striking distance of the electrical lines.

The lawsuit claims the parties were negligent in maintaining the campsite; failed to offer protection against falling, rotten trees nearby; failed to inspect the space properly, and more. The County of San Mateo and PG&E contended they were immune as a matter of law for the dangerous condition of the property.

The Court issued two published opinions—the first on April 5, 2017; the other earlier this week, on July 25, 2017--siding with the plaintiff and finding that both defendants could be held liable for these types of accidents.

"It's virtually unheard of to have two published opinions in the same case," said Tietjen. "And typically, the cases that are published on these immunities side with the defense and broadly interpret the immunities. These landmark rulings by the court properly balance consumer safety with the policy to keep lands open to the public." He added, "Hopefully these decisions will bring greater safety throughout California's campgrounds and public spaces."

With the appellate rulings decided, the case will now get back on track for a trial date. 

Rouda Feder Tietjen & McGuinn is a leading plaintiffs' law firm that has built a national reputation as a passionate advocate for the catastrophically injured. The firm's lawyers represent clients in a wide variety of personal injury cases, including car, truck and bike accidents and wrongful death, product liability, and premises liability lawsuits.

SOURCE Rouda Feder Tietjen & McGuinn