A San Diego judge dismissed a lawsuit filed by a woman who damaged her spine and broke her leg after a eucalyptus branch fell on her as she walked along a path near Mission Bay, the City Attorney's office said.
Lorin Toeppee was seeking $25 million in damages when she filed the suit in 2013, alleging that the Mission Bay path was a dangerous condition for which the city was responsible.
The 31-year-old broke her leg, damaged her spine and fractured five bones in her face when the branch fell on her.
The judge dismissed the lawsuit after the city argued they had no liability in the incident because cities have statutory immunity for the conditions of pathways, the City Attorney's office said.
It was a measure that was put in place to encourage city officials to open up spaces like parks and trails to the public, the City Attorney's office said.
NBC 7 has reached out to Toeppee’s lawyer and will update this story when we hear back.
