San Jose Sued for Death of Boy Killed by Falling Tree

San Jose Sued for Death of Boy Killed by Falling TreeThe family of a 2-year-old boy who was killed when a tree fell onto the pickup truck he was riding in has sued the city where the incident occurred.

Esmeralda Galan and Jose Ortiz filed the lawsuit against San Jose, California, and the neighbor who lives across from the tree, claiming that they are liable for the death of their son, Mateo Ortiz, reports the San Jose Mercury News.

The news source reports that the family had pulled up in front of a relative's house in January 2010 when a 10-ton maple tree that was partially decaying fell on top of their truck, injuring the parents and ultimately killing the boy.

One of the family's wrongful death attorneys told the news source that the city should have been responsible for maintaining trees.

"We have had the city being responsible for the upkeep or at least the monitoring of the large trees in San Jose for years,'' the lawyer told the news source. Then, "all of a sudden, willy-nilly, they decided they won't be responsible anymore. How does a typical person in San Jose know about root rot?''

San Jose is the third-largest city in California with a population of nearly 950,000.