The San Antonio Zoological Society and its arborists are at the center of a $1 million negligence lawsuit after a falling cedar elm tree branch injured seven people visiting the San Antonio Zoo in March.
The court documents, submitted by the law offices of personal injury attorney Thomas J. Henry, were filed on behalf of plaintiffs Crystal and Librado Rodriguez and two minors Friday at the Bexar County Courthouse. According to court documents, the Rodriguezes are from Temple, a Central Texas town about 155 miles from San Antonio.
Seven people were reported injured in the March 15 accident, but only four were named in the lawsuit. It’s still unclear if the group of seven was a family or a group visiting the zoo together.
The lawsuit alleges that the San Antonio Zoological Society and its arbor care company, Alamo City Arbor Care, acted out of “actual malice” in not tending to the tree’s condition and acted in “gross negligence” because they were “aware of the risks,” the lawsuit claims.
The documents also allege the zoo knew of the tree’s condition because it had a sign labeled “preserved,” and that after the accident, the zoo ordered the arbor care company to clean up the fallen tree, which the lawsuit argues was evidence.
According to the lawsuit, the tree limb that fell over the sidewalk weighed between 1,500 to 2,000 pounds, was rotted, and caused severe and permanent injuries for the victims.
Legal counsel for the zoo, Mike Johanson of Johanson & Fairless L.L.P., told the San Antonio Report on Thursday that the zoo is aware of the lawsuit.
“The safety of their guests, staff, and animals is always the zoo’s priority,” Johanson said in a statement. “This was an unfortunate accident that was not caused by any action or inaction by San Antonio Zoo or its employees. We look forward to demonstrating that through the legal process.”
Crystal Rodriguez, a plaintiff named in the lawsuit, suffered “severe and permanent” bodily injury to her head, arms, shoulders, back, arms and leg, according to the lawsuit, and Librado Rodriguez suffered injuries to his back and shoulders.
One of the minors, identified as J.R., suffered traumatic brain injury and was in a coma for several days, the lawsuit states, as well as suffering severe and permanent injury to her wrists, arm, skull, orbital bones, lungs and back. Another minor, C.R., suffered injuries to his knee, head and back, according to the documents.
The lawsuit also claims the accident has caused all victims involved, “physical and mental pain, pain and suffering, mental anguish, medical expenses, physical impairment, loss of earnings and earning capacity and loss of enjoyment of life,” and so the lawsuit seeks damages “in excess of one million dollars.”
The plaintiffs’ lawyers also filed a temporary injunction asking that the zoo and Alamo City Arbor Care refrain from taking any action that may alter, damage or destroy remaining evidence, like remnants of the tree video footage, maintenance records and witness statements.
The family’s legal counsel did not immediately reply for requests for information.
