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Call Kurtis: A City Tree Fell On My Car, Why Won't They Pay?

SACRAMENTO (CBS13) - Sacramento is the city of trees. If one of those 100,000 city trees falls and damages your property, who should pay?

A city tree branch, twice the length of Julie Brown's car crashed on top of it in July.

"Thank God I wasn't in the car," she said.

The estimated 300-pound branch smashed the windshield and dented the roof.

Brown's 2000 Honda Civic was a total loss.

"My car was completely paid off and I planned to drive it for one or two more years," she said.

The City of Sacramento owns the tree, but she says the city refused to pay her $400 to cover her insurance deductible and a rental car.

The city told her, "There were no outward signs that this tree had any issues ..." and "The branch still had green leaves on it."

We asked certified arborist John Spurgin to look at the heritage sycamore tree which he says is 50 years old.

"Normally the live limbs don't break off of these trees; they're nice strong trees," he said. "Those limbs could fall randomly at any time."

Spurgin pointed out several dead limbs, which he says could be drought related. He says a tree this size should be inspected every three to four years.

We learned the tree was last pruned in 2012 and inspected in 2013.

The city's own website links to a page that says it is an owner's responsibility to provide for the safety of trees on his or her property.

"In my situation $400 is a lot of money," Brown said, "That's significant to me."

We reached out to the City of Sacramento, and a spokesperson told us, "I am unable to directly respond to the specific claim but the city provides routine pre-emptive tree maintenance," and "Generally claims are denied when the city does not have actual or constructive notice of an alleged dangerous condition."

Before parking in the city of trees, Brown just might want to look up.

"I see a lot of branches that could fall when I look up now," she said.

So who should pay if a city tree damages your property?

A consumer attorney tells us the city should if the dead limbs were an obvious problem, but you have to prove that.

The city told us 48 people filed claims for damage as of October.

FULL CITY OF SACRAMENTO STATEMENT:

"I am still unable to directly respond to the specific claim that may be in the process of litigation. As I stated, claims are denied when the city does not have actual or constructive notice of an alleged dangerous condition, or when the city did not create the alleged dangerous condition or when immunity exists. The City provides routine pre-emptive tree maintenance throughout the city on a regular cycles. Work crews maintain street trees on a tree-by-tree, block-by-block basis, ensuring that all public trees are inspected and, if necessary, pruned, on a regular basis. Staff also works to ensure services are distributed equitably throughout the city. The City gathers and maintains a database of approximately 100,000 public trees in parks, cemeteries and medians. Whenever a public tree is planted, pruned, maintained or removed and replaced, the tree is surveyed and the information is updated in the City's database. Doing this on a regular basis helps us determine the needs and condition of the urban forest and to and plan accordingly."

• Generally claims are denied when the city does not have actual or constructive notice of an alleged dangerous condition, or when the city did not create the alleged dangerous condition or when immunity exists.

• The City provides routine pre-emptive tree maintenance throughout the city on regular cycles. Work crews maintain street trees on a tree-by-tree, block-by-block basis, ensuring that all public trees are inspected and, if necessary, pruned, on a regular basis. Staff also works to ensure services are distributed equitably throughout the city.

The City gathers and maintains a database of approximately 100,000 public trees in parks, cemeteries and medians. Whenever a public tree is planted, pruned, maintained or removed and replaced, the tree is surveyed and the information is updated in the City's database. Doing this on a regular basis helps us determine the needs and condition of the urban forest and to and plan accordingly.

• 48 claims were filed in FY 2015 involving trees. One of these claims has been paid to date.

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