Tinkey v The Hampstead Group

Tinkey v The Hampstead Group

Tree Branch Failure – Oakland, CA

Emily Tinkey was enjoying brunch on an outdoor deck in Oakland when she was struck in the head by a large branch which fell from a eucalyptus tree overhanging the patio.

The tree was positioned between two properties.  Heinrich Law, on behalf of Ms. Tinkey, sued both property owners for failure to maintain the tree appropriately, and a landscaping company for their failure to properly service the tree. 

Heinrich Law proved the property owners had negligently maintained the tree and the landscape company had negligently pruned and cut back the branches such that they grew back larger and heavier than before.

Ms. Tinkey, an interior designer and employee of a large plumbing company suffered a traumatic brain injury and concussion as a result of the incident.  She was largely unable to work following it.

The case was hard fought from start to finish.  After several rounds of discovery, the completion of countless depositions, and two mediations, the case settled shortly before trial for $1.875M.