Nicki Lyn Carano
The City of San Diego says a Pacific Beach condominium complex has some liability in the death of a local musician who was killed when a large pine tree fell on her car in January 2016.
Nicki Lyn Carano was driving her car on the 3900 block of Ingraham Street during a powerful winter storm when a pine tree planted on the public right-of-way toppled onto her car, killing her instantly.
In September 2016, Carano's parents sued the city for wrongful death of her daughter. In the complaint, Carano's attorneys say that the city was aware of the dangerous tree. Now, the city has filed a cross-complaint against the Ingraham Street Condominiums Homeowners Association alleging that the complex is also responsible for Carano's death.
The city attorney's office did not respond to a request for comment.
The tree was not only on the public right-of-way but was also listed as a "landmark tree." The city designates certain trees as landmarks if they are, according to the city's website, "striking or unusual with high aesthetic value(s)."
Along with the designation comes certain protections. Those protections include prohibiting anyone from damaging or trimming landmark trees without a city permit and without the supervision of a city arborist.
In addition, annual inspections are required for designated trees.
Reads the website, "When the designated tree is in the city street rights-of-way or on public lands administered by the city, as a priority, funds will be expended to allow for an annual inspection, pruning or other corrective actions that may be needed to resolve any particular public safety or sidewalk problem."
An attorney for the Ingraham Street Condominium Homeowner's Association declined to comment for the article.
A civil trial is scheduled for May 2018.
Correction 12/21, 6:40 p.m.
An earlier version of this story incorrectly stated that a eucalyptus had struck Ms. Carano. The Reader regrets the error.