A 67 year-old male, who was visiting the City of Asheville, NC when a large tree branch fell and struck him on the head and shoulder while he was walking around the city. The plaintiff alleged that the defendant failed to maintain the tree and remove any dangerous particles of the tree. The plaintiff claimed that he suffered, among other things, a traumatic brain injury. He had an intracranial pressure monitor inserted and underwent several surgeries for his fractures. He also received physical and occupational therapy and had several dental procedures during his first year of recovery.

Although the plaintiff made a remarkable recovery and was able to return back to work, he allegedly suffered permanant memory loss, confusion, extreme fatigue, increased risk of early dementia, and permanent loss of strength and motion in his shoulder joint.

The alleged injuries were traumatic brain injury, facial fractures, subdural hematoma, dental injuries, basilar skull fracture, fractured humerus, clavical fracture, post-traumatic respiratory failure, permanent memory loss, decreased executive function, intermittent confusion and decreased executive funtion, increased risk of early dementia, encephalomalacia of the left and right frontal lobes corresponding to his cognitive deficits, permanent loss of motion and strength in his shoulder joint and permanent pain in his shoulder. His past medical claim totaled to $195,645, life care plain claim was $355,970 and the need for a long term annuity for $200,000.

A settlement of $1,500,000 to be paid too the plaintiff, was reached on October 6th, 2009.