Family Sues City After 4-Year-Old Boy Killed by Falling Tree Branch While Playing with His Brother

A San Diego family has filed a lawsuit against the city after a eucalyptus tree branch fell and fatally injured their 4-year-old son while he was playing at Villa La Jolla Park.

According to the complaint, Cathal Kerr and his wife, Dara Feldman, allege that their son, Ronan Kerr, was struck by a large tree limb that broke and crashed to the ground on June 29.

Attorney Bibi Fell, who represents the Kerr family, said eucalyptus trees are widely known to carry risks. “They are not native to California, and when planted in irrigated parks, they rot, decay, and their large limbs can come crashing down,” Fell said. She added that the tree in question displayed clear warning signs that should have been identified and addressed earlier.

Cathal was at the park with Ronan and his 7-year-old brother when the branch fell. The lawsuit claims that Cathal heard the cracking noise moments before the impact and attempted to push his older son, Charles, out of the danger zone. Despite his efforts, the falling branch struck both Cathal and Ronan.

Ronan suffered severe injuries and was taken to Rady Children’s Hospital, where he remained for seven days before he died on July 6. The complaint states that the child experienced significant pain and suffering from the time of the incident until his death.

Cathal also suffered multiple physical injuries, including a traumatic brain injury, fractures, lacerations, and ongoing emotional trauma. The filing notes that Charles witnessed the impact and the aftermath of his younger brother’s fatal injury.

Attorneys for the family claim that the eucalyptus tree in the park had several visible defects, which they say any competent arborist should have recognized as dangerous. The suit cites almost 40 previous eucalyptus-related incidents dating back to at least 1983 — including one that killed a 4-year-old girl near the entrance of the San Diego Zoo.

The family is seeking unspecified damages, including compensation for medical expenses, emotional distress, and loss of income. In addition to financial relief, the suit calls for the city to remove or properly maintain eucalyptus trees in or near parks and schools that may pose a risk to public safety.

Cathal described Ronan as “literally everything to me,” expressing the profound grief of losing a child. Dara shared a similar sentiment, saying Ronan was her “best friend” and that they shared a close bond.

The family says their goal is to prevent any other parents from experiencing a similar tragedy. “This pain is just unbearable, and if we could just save another family from having to go through this, it’ll be worth it,” Cathal said.

Ronan would have turned 5 years old on Dec. 2, according to local news reports.