The parents of Ronan Kerr say a defective eucalyptus branch failed at Villa La Jolla Park on June 29.
SAN DIEGO — The family of 4-year-old Ronan Kerr has sued the city of San Diego and a tree contractor, alleging negligence after a eucalyptus branch fell at Villa La Jolla Park on June 29 and fatally injured the child. Ronan died on July 6 after a week in the hospital.
The complaint contends the tree exhibited observable structural problems that should have prompted pruning or removal. Attorneys say the risk from mature eucalyptus in irrigated parks is widely documented and that prior limb failures gave the city notice. The city declined to comment on pending litigation. The contractor did not immediately respond, according to the filing. The family is seeking damages and a court order requiring inspections, documentation and public reporting for hazardous trees in and around parks and school grounds.
Ronan was playing with his 7-year-old brother when their father, Cathal Kerr, heard a sudden crack. He pushed the older boy away, the complaint says, as a main stem more than 25 feet long plunged from the canopy. The limb struck Kerr and Ronan. Medics transported the child to Rady Children’s Hospital with a traumatic brain injury; he remained there for seven days. Kerr suffered a head injury, facial fractures and deep bruising. Photos released by the family show one of his eyes swollen shut in the days after the incident.
In interviews, attorney Bibi Fell said the specific tree had defects that any competent arborist should have seen, including signs of decay and structural weakness. The suit lists dozens of prior eucalyptus limb incidents in San Diego spanning decades, including a fatal case in the 1980s, to argue city officials were aware of recurring hazards. Ronan’s mother, Dara Feldman, said her son was “my best friend,” adding that the loss has devastated his older brother, who witnessed the accident and its aftermath.
La Jolla neighborhoods and parks feature rows of eucalyptus planted decades ago. Experts say the trees can lose heavy limbs under stress or after irrigation. The complaint argues Villa La Jolla Park’s tree should have been assessed more frequently because of its size and proximity to a play area. The park has stayed open, and the failed limb has been removed. Families returned to the lawn in the weeks after the accident, leaving flowers near the play equipment to remember Ronan.
The lawsuit, filed in county court, seeks wrongful-death damages and compensation for Kerr’s injuries, along with an injunction compelling the city to identify and remediate high-risk eucalyptus near places where children gather. No hearing date has been set. Attorneys said discovery will seek maintenance logs, inspection routes and contractor work orders. The city could raise defenses involving notice, inspections and governmental immunities, which judges typically address early in a case.
“I ache,” Kerr said in a local interview, describing the split-second decision to shield his children. “If we can save another family from this pain, it will be worth it,” he said. Ronan would have turned five on Dec. 2, relatives said.
The case is in its opening phase with responses from the city and contractor pending. Lawyers expect initial motions in the coming weeks.
Author note: Last updated November 14, 2025.