On Tuesday, Davis’s “trial of the decade” moves toward its conclusion with closing arguments—and the public can watch three sets of polished lawyers present their cases via live stream from home.
At issue is the city’s liability in the death of a woman due to the neglect of a city-owned tree in Slide Hill Park. The defendants are the City of Davis and Davey Consultants. The plaintiffs, the survivors of Jennifer Comey, argue that the city’s failure to inspect or prune the tree led to her tragic death. Comey was killed when a tree limb fell on her in front of her three-year-old daughter as she played in a sandbox. During the trial, the city was unable to provide any evidence that the tree had been inspected or maintained.
A jury verdict could be reached before the weekend.
The public can watch closing arguments online on Tuesday. The jury will enter at 10:30 a.m. sharp. Proceedings will run until noon, resume at 1:30 p.m., and likely conclude before 4:30 p.m. The jury will begin deliberations Wednesday morning following the judge’s instructions.
You can attend in person in Department 11 at the Yolo County Courthouse or watch the live stream at www.yolo.courts.ca.gov, Department 11.
Opinion: A Slow-Motion Tragedy in City Government
I have watched this slow-motion tragedy unfold in city government as the “self-appointed Lorax” for over 15 years. Past city councils were advised by top management that they could cut funding for tree maintenance. They were told they could ignore public concerns about the city’s aging tree infrastructure—despite clear evidence that the city arborist was struggling to do his job.
Now, the current council and community are left to clean up the mess.
The entire city hall leadership that advised past councils and managed the city into this situation has since moved on—or, in the case of City Manager Mike Webb, has announced plans to leave soon.
Ultimately, Davis and Yolo County residents (through the YCPARMIA risk pool) will bear the financial burden. The costs could total multiple times the tax increase we imposed on ourselves last November.
Closing arguments continue Wednesday morning at 10:30 and will likely wrap up by noon and the case will go to the jury in the afternoon. You can continue to watch at yolo.courts,ca.gov department, 11 courtroom.
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A tree grows for half its life then naturally weakens and in nature dues by dropping its limbs one by one. Urban Foresters job is to properly inspect the tree and take off the limbs before they fail. And to watch the trees in dangerous areas like over playgrounds like a hawk.
Both City attorney and the city Forster under earth admit city failed to prune tree in slide hill park. This fails, the standard of care and and what the city admits is the “primary job of the urban Forster to manage risk.”
The urban Forest knew this, but was confronted by chronic cuts in his budget by the city manager who refused to listen to him and the city manager, as well as the City Council did this for years.
This is what has come out at the trial. The public will be able to see it if the city releases the former city manager, Rob Caine‘s deposition.