Wrongful Death Lawsuit Ends with $700,000 Settlement Agreement

Over two years ago San Diego musician Nicki Lyn Carano was driving when a “giant tree fell o her car in Pacific Beach.” Since her tragic death, her parents spent time filing a wrongful death lawsuit against the city that finally reached a settlement recently for $700,000. In their lawsuit against the city of San Diego, Carano’s parents, Anthony and Carole Ann Carano, alleged “city authorities had ‘actual and/or constructive knowledge’ that there was a defect in the tree that caused their daughter’s death

Over two years ago San Diego musician Nicki Lyn Carano was driving when a “giant tree fell o her car in Pacific Beach.” Since her tragic death, her parents spent time filing a wrongful death lawsuit against the city that finally reached a settlement recently for $700,000. In their lawsuit against the city of San Diego, Carano’s parents, Anthony and Carole Ann Carano, alleged “city authorities had ‘actual and/or constructive knowledge’ that there was a defect in the tree that caused their daughter’s death. But what happened, exactly?

Well, according to the lawsuit, back on January 31, 2016, Carano was driving during a storm when a tree, “estimated to be 100 feet tall, 6 feet wide and more than 50 years old, fell across Ingraham Street near Fortuna Avenue” and fell on her car. The tree also fell on and crushed three parked vehicles. Though emergency personnel arrived on the scene, Carano “died before she could be taken to the hospital.” According to authorities, “it took firefighters about two hours to cut away enough of the tree to get to Carano’s car.”

The specific tree that fell on Carano’s car was a “large Torrey Pine that was designated as a ‘Landmark Tree’ under the city’s policy providing for preservation and protection of public trees” and was “located within a dedicated public right-of-way,” according to the lawsuit.

In addition to claiming the city knew the tree that caused their daughter’s death was defective, the lawsuit also argued the “city had a duty to inspect trees near the roadway for flaws and to have a hazardous tree management plan in place.” Additionally, the also claimed the city failed in its duties to keep the area safe and warn the public of any hidden danger.”

On top of to suing the city of San Diego, the county and state are also mentioned as defendants in the case. When the lawsuit was first filed, the “homeowners association that owns the property nearest the tree was named as well, but it was later determined the city was responsible for the tree’s maintenance.”

During her life, Carano was a popular drummer and active participant in the San Diego music scene, and was actually on her “way to Ocean Beach to perform with her band Spider Tree.” She was also a teacher at Nightingale Music School and played the drums in “an all-woman band called Nectarine, as well as the band Donna Cristy & The Camel Tones.”

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Parents of musician killed by falling tree in Pacific Beach get $700K settlement

$700,000 for family of San Diego musician killed by falling tree