Walter Mencken 6:15 p.m., Feb. 28
City refuses to pay $7.6 million to man paralyzed by a fallen tree. Requests new trial.
Ex Parte hearing scheduled for Tuesday, March 12.
The City of San Diego wants to take another shot at convincing a jury that they should not be held responsible for the palm tree that fell on Michael Burke's legs during a in January 2010 storm.
Last December, a jury found the City was liable for the injuries that left Burke without use of his legs, awarding the Mission Hill resident $7.6 million in damages.
Burke claimed that in search of a balanced budget, the City cut back on basic public services such as maintenance on street trees.
The City Attorney disagrees. He argues that the property owner where the tree was planted is the responsible party. On January 31, the City requested a new trial. Two weeks later, according to the San Diego Superior Court website, the City filed another motion, this time to "strike or tax costs" rendered in the judgement.
On Tuesday, the City Attorney will meet behind closed doors with the City Council and Mayor Bob Filner to update them on a hearing earlier that day and seek direction in the case.
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