Parents of Toddler Killed by Falling Tree File Wrongful Death Lawsuit Against San Jose

Esmeralda Galan and Jose Ortiz, parents of a toddler whose son was killed when a rotting tree fell onto their truck, filed a wrongful death lawsuit against the city of San Jose and the neighbor whose property is adjacent to the tree. Galan and Ortiz had just pulled up in front of a relative’s house in downtown San Jose when unexpectedly, a 10 ton rotting maple tree fell onto the top of their truck, trapping Galan, Ortiz and their son, Mateo Ortiz, inside. Galan and Ortiz suffered arm and neck injuries in the incident. Mateo Ortiz, pinned between his two parents in a car seat, was crushed by the weight of the tree.

Galan and Ortiz claim both the city and the neighbor are responsible for the death of their two-year-old son in January 2010. Galan and Ortiz claim the city should have known the rotting maple tree was a threat to residents and promptly taken steps to prevent the tree from falling. The lawsuit also alleges the neighbors of Galan’s relatives, whose property lies adjacent to the area where the tree was located, negligently maintained the tree to the point that “it was in danger of falling.” City officials are denying any wrongdoing, stating residents have been responsible for the maintenance of city owned trees since 2008, when funding was stopped for the upkeep of street trees in public right-of-ways.

Galan and Ortiz are seeking an unspecified amount of damages for the costs related to the incident, including funeral and burial expenses, medical costs, lost wages and property damage.

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