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The Dirt

Jury awards $24.4-million to family of mother killed by fallen tree branch in Davis; City responds

THE FOLLOWING IS A PRESS RELEASE FROM THE CITY OF DAVIS, A STATEMENT ON THE DEATH OF JENNIFER COMEY AT SLIDE HILL PARK IN FEBRUARY 2021.

CITY OF DAVIS STATEMENT REGARDING PITTS TRIAL AND URBAN FORESTRY IMPROVEMENTS

Feb. 28, 2025 – In February of 2021, Jennifer Comey, wife and mother, was struck by a falling tree limb in Slide Hill Park. Tragically, she died as a result. The trial involving the City of Davis and City contractor Davey Resource Group regarding the death of Jennifer Comey just concluded in the Superior Court of Yolo County. On behalf of the City Council and City team, we again want to extend our deepest sympathies to Jennifer Comey’s family and all the individuals impacted by this tragedy.

The City accepted responsibility for the failure of the tree that resulted in Jennifer Comey’s death and at the trial solely asked the jury to assign reasonable damages in the case. The jury awarded $24.2 million to Jennifer Comey’s survivors.

The awarded amount will be paid through the City’s municipal risk pool, who handled the case on the City’s behalf. A municipal risk pool combines the resources of multiple, participating, local governmental agencies and uses those pooled public resources to cover the costs of a legal claim or lawsuit against an agency. When an agency receives a claim for damages, the claim is transferred to the municipal risk pool, much like someone would do when they report a car collision to their automobile insurance company. The municipal risk pool then controls the litigation strategy, representation in court and any potential settlement of the lawsuit and covers legal and any court-imposed costs or damages related to the case.

The City is committed to public safety and fostering a vibrant and healthy community. The City’s trees, a part of our urban forest, provide shade, ecological advantages, visual appeal, increased property values and an assortment of physical and psychological health benefits. Trees, however, are living organisms and present some degree of risk. The City’s goal is to promote a healthy urban forest while minimizing any potential risk to human life or property. Since 2021, the City of Davis has implemented many improvements to the City’s Urban Forestry Division and tree practices, including the following:

  • In July 2021, the City Manager recommended, and the City Council approved, moving the Urban Forestry Division to the City’s Public Works Utilities & Operations Department, which provides additional resources and tie-ins with other City asset maintenance and inspection functions.
  • The City has long had a seven-year routine pruning cycle for City trees. In mid-2022, the City formally added City trees in parks and greenbelts to its seven-year proactive tree pruning cycle.
  • In 2022 and again in 2023, City staff recommended, and City Council approved, two expansions to the Urban Forestry Division. The Division now includes a total of six staff, one Manager, two Supervisors, two Urban Forest Technicians and one Office Assistant (of whom four are Certified Arborists). These staffing additions allow the City to better meet current needs and to operate more efficiently in responding to service requests.
  • In addition to these staffing level increases, in 2023, City Council approved additional funding to allow for a periodic second contract tree crew to conduct large service requests/removals, allowing the City’s primary contracted tree crew to focus on proactive pruning of City trees.
  • In March 2023, the Davis City Council adopted the Urban Forest Management Plan, to guide the care and planting of trees in Davis for the next 40 years. This policy document guides the continued evolution of a robust Urban Forestry Program. A primary goal of the Plan is to maintain a safe and resilient urban forest by following best management practices for managing pests and disease and developing a risk management plan and policy for the urban forest.
  • The Urban Forestry Division continues to update its programs and practices to align with the Urban Forest Management Plan objectives, including rebuilding the tree planting and young tree maintenance program (funded from tree mitigation funds collected) and developing and updating policies and procedures to streamline operations. In addition, staff recommended, and Council approved, revisions to the City’s Tree Ordinance to streamline processing of tree removal permits.
  • In April 2023, the Council approved an increase of $200,000 to the baseline allocation for Urban Forestry for additional contractor work on trees.
  • In Summer 2023 and 2024, the Urban Forestry Division developed and implemented a pilot program to proactively assess and prune trees in areas where City recreation and summer camps occur. The City Manager authorized the initial funding for the Urban Forestry Division to expand this program citywide to include an increased frequency cycle of tree inspections and pruning (every three years instead of every seven years) in high occupancy public areas, including parks, playgrounds, picnic areas, skate parks, ballfields, benches, bus stops and downtown open spaces. Upwards of 6,500 trees, out of the City’s total inventory of 30,000 trees, could be inspected each year through this program. Remaining funds needed for this program will be considered by the City Council for their approval in April 2025.
  • The City continues to work with local organizations and contractors to assist with tree planting, tree maintenance and service requests to help reduce wait times and complete tree pruning cycle work and tree assessments.
  • The City continues to share ongoing safety tips and information during stormy weather or high wind advisories regarding downed or falling trees and branches.

By continuing to improve the Urban Forestry Division, the City strives to reduce risks, better allocate resources and foster trust. We are also deeply appreciative of the nonprofit organizations and community members who have assisted us in these efforts.

Press contact: Jenny Tan, jtan@cityofdavis.org, 530-400-7814

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