A four-year-old boy was killed after a large tree branch fell on him as he played in a San Diego park.
Ronan Kerr was struck on the head by a falling piece of eucalyptus at Villa La Jolla Park in June.
He was playing with his father, Cathal Kerr, and his older brother, Charlie, seven, when the 34-foot-long branch snapped off 60 feet above them.
Kerr tried to grab his two sons and flee to safety but could not save Ronan in time, according to a wrongful death lawsuit he has filed against the city.
Ronan sustained life-threatening wounds and was taken to Rady’s Children Hospital, where he died from his injuries seven days later.
Kerr sustained a traumatic brain injury, lacerations to his face and multiple broken bones.
In their lawsuit, filed earlier this week, the family accused the city and its arborists of failing to maintain the tree properly.
Two city contractors were also named in the suit, seen by The San Diego Union-Tribune, which claims the tree was unhealthy, decayed and had deadwood.
Ronan Kerr, four, died from his injuries after being struck on the head by the falling branch at Villa La Jolla park
The young boy was struck on the head by the above branch that broke off 60 feet above him, his brother and father
It said: ‘The tree’s branches and limbs were large, elongated, heavy, angled and improperly maintained to the point that it was obvious to a trained eye that the tree would catastrophically fail.’
The complaint lists over 30 instances from 1983 to 2005 in which tree branches or eucalyptus trees have fallen in the city, including Villa La Jolla park.
The suit highlights a four-year-old girl who was killed in 1983 at the entrance to the San Diego zoo.
It added: ‘Eucalyptus trees in San Diego parks were posing significant dangers to the public.
‘The city’s inspection and maintenance protocols were grossly inadequate to identify hazardous trees before they failed.’
The suit is seeking financial damages and requesting that all eucalyptus trees deemed dangerous be removed or properly maintained.
Ronan’s family described him as ‘a bright light’ who was ‘full of heart, humor, and boundless curiosity’ in an obituary.
The young boy is survived by his mother Dara, left, and his father Cathal, right, who had tried to save his son during the horrific incident
Ronan died seven days later at Rady’s Children Hospital
Cathal, seen here, suffered a traumatic brain injury, lacerations to his face and broken bones
The family are calling for all trees in the city to be properly inspected, with reports made public. Villa La Jolla park is seen here
‘His hugs, his giggles, the way he melted into you when he snuggled – these are the things that will echo forever in the hearts of those who loved him.
‘Ronan may have only been here for 4.5 years, but he lived with a presence that felt bigger than life.
‘He changed us. He taught us about joy, resilience, tenderness, and how deeply a child can love and be loved,’ it said.
The suit requests that all trees be properly inspected in a timely manner and that the results and assessments are made public on the city’s website.
The Daily Mail has contacted the family and the city for comment.
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