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Death Under Davis Tree Limb Goes to Court

The trial date is approaching for PITTS vs. CITY OF DAVIS.

Theodore Pitts the widower of Jennifer Comey who was killed by the limb of a City of Davis Tree in Slide Hill Park will get his day in court in attempt to seek compensation for the death of his wife. A jury trial date has been set for February 3rd, 2025 with a trial readiness conference to be held on January 27th.

Ms. Comey died when a large tree limb fell on her in Slide Hill Park while she watched her toddler play in a sandbox during a windstorm in 2021. She was survived by her child and husband Theodore Pitts.

The trial will take place in Yolo County Superior Court in Woodland with Judge Fell presiding. Mr. Pits is represented by Sacramento attorney Roger A. Dreyer and Anthony J. Garilli of Dreyer, Babich, Buccola, Wood and Campora. Both are accomplished attorneys having successfully won millions for their clients at trial.

The City of Davis is represented by Kevin J. Dehoff of Angelo, Kilday and Kilduff of Sacramento. His website lists “Public Entity Defense” as his first Practice Area.

Davey Resource Group, Inc and West Coast Arborists, Inc were also named as defendants in the case. But earlier this month Judge David Rosenberg made a tentative ruling granting Summary Judgement for West Coast Arborists excusing them from the case. Davey Resource Group’s similar motion was denied leaving them as a defendant in the Case.

West Coast Arborist is a contractor for the City of Davis that handles wide ranging tree trimming duties in the City.

Davey Resource Group is a Ohio based Company that provides wide ranging tree and urban forestry consulting to the City of Davis.

If the City and/or Davey Resource Group is found responsible or negligent Pitts could be awarded millions in compensation for the tragedy that befell his family.

 

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Comments

7 responses to “Death Under Davis Tree Limb Goes to Court”

  1. Alan C Miller

    What a heart-breaking story, once again.
    Makes sense Davey stays in and West Coast is out.
    “Roger A. Dreyer and Anthony J. Garilli of Dreyer, Babich, Buccola, Wood and Campora. Both are accomplished attorneys having successfully won millions for their clients at trial.”
    Was this written by the defense attorneys? That part reads like an ad.

    Reply
  2. Alan Hirsch

    I have watched city starve our tree program for years. The elimination of citizen tree commission – after 60 years- giving its power to city manager is just the latest.
    Who was author of this piece?
    Signed, the Lorax

    Reply
  3. Davisite

    Is there a reason that no name is attached to this? It would be helpful for articles/press releases/opinion pieces to be signed. Thank you.

    Reply
  4. Ron O

    Note to self: Avoid picnicking under a massive tree during a windstorm – even if there’s a picnic bench there.
    Also avoid climbing Half-Dome, even if there’s “official cables” along the so-called “path”.
    And avoid taking the NY Subway system (and a whole bunch of other public transit systems).

    Reply
  5. Alan C. Miller

    RO say: “Avoid picnicking under a massive tree during a windstorm – even if there’s a picnic bench there.”
    Not helpful. I was in my sideyard taking a wizz one calm summer night with no wind. There was a horrific cracking noise and about 40% of a huge, old, black walnut tree in the backyard toppled into the yard towards the house. Just missed the house. Good thing I wasn’t in the backyard when it happened or I wouldn’t be here writing this. (Some may wish I was)
    Although trees can give way during windstorms, sometimes they just give way. Best solution is good tree diagnosis and care. What seems to be happening, according to some I know with tree expertise, is the city contractor is being very aggressive with their trimmings and removals. That is hard for me to gauge, going off of two opinions.

    Reply
  6. Ron O

    Alan: I’m pretty sure that the city can and should be more diligent, but the article itself notes the windstorm.
    But the bigger issue might be that there’s always some risk – even if due diligence is exercised. So in this case, I suspect that the case will revolve around whether or not this is a result of lack of due diligence on the part of the city, and to some degree, due diligence on the part of the woman who was killed. I don’t think there’s any landscaping company in the world that “guarantees” that trees won’t fall on top of cars, people, etc. (During a recent storm, I recall trees falling on cars in places like Golden Gate Park. I’m not sure if the city takes “responsibility” for that.)

    Reply
  7. Ron O

    The situation (sort of) reminds me of the LA Fires, regarding “who” is supposedly at fault (other than God – if you’re a believer).
    For example, I’ve heard that it’s due to a lack of “raking” of non-existent forests (slight exaggeration), preservation of the Delta Smelt (without even asking if the associated water would then be stored and available for a fire in LA), a reservoir that was empty for maintenance purposes, an expectation that the fire hydrants would work beyond what they’re apparently designed for, budget cuts to the fire department, lack of home-hardening, “wokeism” in general, etc.
    And on the “other side” of most of these claimed causes, “climate change” caused by deniers and China. (Somehow, the rest of us never cause climate change – which I’m certainly relieved about.)
    Of course, there’s only sporadic discussion regarding whether or not houses should be built and rebuilt in high-risk zones in the first place, since that’s not a particularly popular solution for either side of the political war. So, everyone gets to cheer-on “LA Strong”.

    Reply

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