Man attempts to sue the National Park Service for $5mm after 16 lb. Pine Cone hits him in the Head

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**Frazzled**

From the tales of greedy lawyers and plaintiffs files:

http://www.sfgate.com/bayarea/article/Man-hit-by-16-pound-pine-cone-in-S-F-park-files-6567225.php

Man hit by 16-pound pine cone in S.F. park files $5 million suit

By Kale Williams Updated 4:05 pm, Monday, October 12, 2015

A man is suing the U.S government, the National Park Service and the San Francisco Maritime National Historical Park after a 16-pound pine cone fell from a tree and crushed his skull in October 2014. The signs pictured here were allegedly put up after the incident.

A tourist visiting the Bay Area for Fleet Week last year was doing nothing more than reading and napping under a tree in a federal waterfront park in San Francisco when a 16-pound pine cone fell on him and crushed his skull, his lawyer said Monday.

Now, Sean Mace, a U.S. Navy veteran, is suing the U.S. government, the National Park Service, the Department of the Interior and San Francisco Maritime National Historical Park where he was injured for $5 million in the hopes of changing policies so that no one else falls victim to the same type of bizarre incident.

“This guy has an irreversible brain injury and he’s only in his mid-50s,” said Scott Johnson, a San Francisco attorney representing Mace in the lawsuit. “He’s had two surgeries already and he is going to need a third.”

Mace went to the San Francisco Maritime National Historical Park at the Fort Mason Center on Oct. 12, 2014, to find a spot to watch the Blue Angels air show. He found himself what he thought was a peaceful place to read and rest in the northeast corner of the park under a stand of coniferous Araucaria bidwillii trees, more commonly known as bunya pines or false monkey puzzle trees, according to the lawsuit filed Sept. 4 in San Francisco federal court.

Bunya pines are not indigenous to the area, the lawsuit notes, and the trees in question are thought to have been planted by park staff years ago. Their seedpods, or pine cones, can grow to enormous sizes, reaching nearly 16 inches in diameter and weighing up to 40 pounds.

As Mace snoozed beneath the tree, one of the pods broke loose and landed on his head, crushing his skull, according to court documents.

Mace was rushed to San Francisco General Hospital, where he underwent surgery to relieve pressure on his brain from internal bleeding. Five days later, another surgery was required to further relieve pressure building inside his skull, the lawsuit reads.

He suffered “traumatic brain injury, with severe and likely irreversible cognitive deficits,” according to court papers.

The suit alleges that there were no warning signs posted and no fences or netting to prevent people from hanging out under the trees, violating numerous park policies requiring the removal of exotic species that create safety hazards and mandating the installation of warning signs “necessary for visitor safety.”

“First and foremost, the Park Service needs to do something to make sure this never happens again,” Johnson said. “This park is full of tourists and schoolchildren. Something needs to change.”

Some changes have already been implemented. Orange plastic fences have been erected around the grove with signs warning, “Danger: Giant seed pod falling from tree.”

But Joe Barlow, a street artist who paints portraits near the grove, said he’s seen the cones fall from branches that hang over the sidewalk outside of the fencing, in one instance landing dangerously close to tourists.

“It just missed them,” Barlow said Monday. “And it’s not just the size of them either. They’re big, but they’re really heavy and they have these spikes on the outside like a pineapple.”

Johnson said his client has been severely affected by the incident and now suffers from post-traumatic stress disorder and depression.

“He’s afraid to go outside at this point because he’s afraid something is going to hit him in the head,” Johnson said. “Our priority is to institute change and help this guy out. He was doing pretty well before the accident, and now he is completely dependent and will likely need lifetime care.”

Representatives from the U.S. attorney’s office and San Francisco Maritime National Historical Park did not return requests for comment on the case.

Kale Williams is a San Francisco Chronicle staff writer. E-mail: kwilliams@sfchronicle.com Twitter: @sfkale

**Sigvatr**

Good thing Newton didn't have a good lawyer back then. We would all be aimlessly floating around!

**Frazzled**

he did. Unfortunately he tried to sue the King, and the King was not amused...:-O

**streamdragon**

16 pound pine cone? Holy crap. That's basically a bowling ball falling on your head. I'm honestly a little shocked he survived.

**agnosto**

That's one giant pinecone. I fail to see how it's the park service or federal government's fault that he fell asleep, in a public park, and was injured. I suppose if he'd been mugged or mauled by a wild animal it would have been their fault as well.

people.

**Tannhauser42**

I feel for the guy, but is this situation any different from, say, walking in the mountains and failing to "watch for falling rocks"?

Besides, what's next, suing because a branch in the tree broke and fell on you, or a bird in the tree above you crapped on you and you got sick?

Nature happens.

**jreilly89**

Expected something funny and it's actually rather sad. Don't get me wrong, that sucks for the guy, but if I was near a tree, A) I think I'd notice said "pinapple-sized pinecones" and B) think to myself "Holy feth, that's a big ass pinecone! I'm gonna go nap somewhere else!"

**Peregrine**

agnosto wrote:
That's one giant pinecone. I fail to see how it's the park service or federal government's fault that he fell asleep, in a public park, and was injured.

Did you even read the article beyond the title?

The suit alleges that there were no warning signs posted and no fences or netting to prevent people from hanging out under the trees, violating numerous park policies requiring the removal of exotic species that create safety hazards and mandating the installation of warning signs “necessary for visitor safety.”

The park failed to follow their own policies that should have prevented the accident. The trees shouldn't have been there in the first place, and if they'd insisted on keeping the trees there should have been some kind of safety warning that they are not normal trees and can potentially be dangerous.

Tannhauser42 wrote:
I feel for the guy, but is this situation any different from, say, walking in the mountains and failing to "watch for falling rocks"?

Because rocks are an expected hazard and a natural part of the area. Unfamiliar non-native trees aren't.

**KingCracker**

streamdragon wrote:
16 pound pine cone? Holy crap. That's basically a bowling ball falling on your head. I'm honestly a little shocked he survived.

That's exactly what I thought too. Good gravy that's a big ass pine cone

**Jimsolo**

Yeah, the title of the article made the suit seem frivolous, but this seems reasonable.

**KingCracker**

I dunno it depends on many factors but I think 5 million is pretty steep

**Peregrine**

KingCracker wrote:
I dunno it depends on many factors but I think 5 million is pretty steep

Medical bills get expensive very quickly, and $5 million doesn't sound like such a good deal if he has permanent mental damage.

**Killionaire**

Just for reference, remember: This pine cone fell some several feet, and weighs as much as a watermellon made of wood. He's suffered almost certain injury as it's said to have laded on and damaged his skull/spine.

5 million seems standard. You'd have similar results no doubt if a street construction crew dropped a bucket of cement on your head right?

**curran12**

Can we add "Misleading Clickbait Outrage Headline" to the Dakka bingo card?

**Co'tor Shas**

OTOH, you have to consider that, even though it was their protocol to have warning signs, was it actually their fault. That's up for the judge to decide I guess.

**Kilkrazy**

I doubt this guy was familiar with native and non-native trees and their fruits unless he was an expert botanist. If he was not familiar with them it was a bit of a rash assumption that it was all safe. If he was familiar, he should have known better.

In any case such large pine cones are not invisible. You would have to be a right thicko not to understand that they are likely to drop to the ground, since that is where trees grow from. It's a typical case of American individualism not taking responsibility for his own stupid carelessness.

In short, the Parks Service should be suing either the man himself or his guardians for vexatious litigation.

**Peregrine**

Co'tor Shas wrote:
OTOH, you have to consider that, even though it was their protocol to have warning signs, was it actually their fault. That's up for the judge to decide I guess.

If you have warning signs around all hazards, especially hazards that a visitor might not be familiar with (such as a dangerous tree most people have never even heard of), then the absence of a sign implies that there is no hazard. This isn't a case of "warning, knives may be sharp", the average person could not reasonably be expected to know that they're in danger of suffering a serious head injury because of a pinecone.

And, again, there's another part to the park's liability: their own policies require them to remove non-native species that cause safety hazards, so the tree shouldn't have been there at all.

**Jihadin**

Like Mother Nature is flush with cash.

**Frazzled**

Jimsolo wrote:
Yeah, the title of the article made the suit seem frivolous, but this seems reasonable.

Why? Its a tree. Sit under a tree and sometimes things fall. Sit under a coconut tree and sometimes coconuts fall. Sit under a banana tree and sometimes a Brazilian banana spider bites you and you die. These are tiny force mejeure events and are at worst 3rd party (God) acts.

**Peregrine**

Kilkrazy wrote:
In any case such large pine cones are not invisible. You would have to be a right thicko not to understand that they are likely to drop to the ground, since that is where trees grow from.

Are you telling me that every time you walk under a tree you look up to check it for dangerous pinecones, and you've carefully studied pinecones to know the difference between "large pinecone that might hurt a bit" and "large pinecone that might break your skull"?

It's a typical case of American individualism not taking responsibility for his own stupid carelessness.

No, it has nothing to do with what country he's from, and I don't really appreciate your little "Americans are stupid" attack. It's a case of a reasonable belief that dangerous things in public spaces are either incredibly obvious things that everyone is familiar with ("warning: knives are sharp") or have some kind of warning attached to them. This was not a wilderness area where you can reasonably expect to be responsible for your own safety and have to be aware of dangers that might not be immediately obvious.

And, again, since people don't seem to get it: PARK POLICY REQUIRES THE REMOVAL OF THE TREES.

**Frazzled**

In short, the Parks Service should be suing either the man himself or his guardians for vexatious litigation.

"he harmed our tree by cracking the pine cone with his skull!"

**Ahtman**

Damn nature, you scary.

**Frazzled**

I have two pine trees in front of the Houston house. Huge mothers, maybe hundred feet tall (at least from looking up). The pine cones are like ounces in weight.

Imagining something weighing lbs is like plants right out of the Carniferous Period.

**Bullockist**

Peregrine wrote:

No, it has nothing to do with what country he's from, and I don't really appreciate your little "Americans are stupid" attack. It's a case of a reasonable belief that dangerous things in public spaces are either incredibly obvious things that everyone is familiar with ("warning: knives are sharp") or have some kind of warning attached to them. This was not a wilderness area where you can reasonably expect to be responsible for your own safety and have to be aware of dangers that might not be immediately obvious.

And, again, since people don't seem to get it: PARK POLICY REQUIRES THE REMOVAL OF THE TREES.

Public space are never safe. They have the illusion of safety but nowhere can be inherently safe no matter how many signs you put up. I have to agree with Kilkrazy , this is litigation for an act of god.

**Kilkrazy**

Peregrine wrote:
Kilkrazy wrote:
In any case such large pine cones are not invisible. You would have to be a right thicko not to understand that they are likely to drop to the ground, since that is where trees grow from.

Are you telling me that every time you walk under a tree you look up to check it for dangerous pinecones, and you've carefully studied pinecones to know the difference between "large pinecone that might hurt a bit" and "large pinecone that might break your skull"?

It's a typical case of American individualism not taking responsibility for his own stupid carelessness.

...

Of course I do, particularly when I visit Kew Gardens which is full of non-native species. (I am a life member.)

Not being a stupid idiot, I am aware that nature contains various kinds of hazards, and you have to take sensible precautions.

**Bullockist**

Frazzled wrote:
I have two pine trees in front of the Houston house. Huge mothers, maybe hundred feet tall (at least from looking up). The pine cones are like ounces in weight.

Imagining something weighing lbs is like plants right out of the Carniferous Period.

He needs to sue Satan then, because I have read some quality scientific papers that declared that that period did not happen and all these items were placed there by a Mr L.Satan to fool us all.

**agnosto**

Peregrine wrote:
agnosto wrote:
That's one giant pinecone. I fail to see how it's the park service or federal government's fault that he fell asleep, in a public park, and was injured.

Did you even read the article beyond the title?

The suit alleges that there were no warning signs posted and no fences or netting to prevent people from hanging out under the trees, violating numerous park policies requiring the removal of exotic species that create safety hazards and mandating the installation of warning signs “necessary for visitor safety.”

The park failed to follow their own policies that should have prevented the accident. The trees shouldn't have been there in the first place, and if they'd insisted on keeping the trees there should have been some kind of safety warning that they are not normal trees and can potentially be dangerous.
.

Obviously not. Of course a reasonable and prudent person doesn't fall asleep in a public place not designated as a sleeping area and expect to remain unmolested, by nature or otherwise. This is up there with McDonalds not telling an old lady her hot coffee was hot and being sued for it.

Any sympathy I might have had for him was crushed by this ass-hattery:

“He’s afraid to go outside at this point because he’s afraid something is going to hit him in the head,” Johnson said. “Our priority is to institute change and help this guy out. He was doing pretty well before the accident, and now he is completely dependent and will likely need lifetime care.”

**Frazzled**

I'll be honest, I don't look up, I look down.

In America:
1. Snakes are usually on the ground.
2. Killer jackalope hide with their antlers straight up, pretending to be young trees-then they impale you and drink your blood.
3. Wiener dog biowarfare units leave their mines...on the ground.

So in Australia I'd be instantly dead.

Automatically Appended Next Post:

Bullockist wrote:
Frazzled wrote:
I have two pine trees in front of the Houston house. Huge mothers, maybe hundred feet tall (at least from looking up). The pine cones are like ounces in weight.

Imagining something weighing lbs is like plants right out of the Carniferous Period.

He needs to sue Satan then, because I have read some quality scientific papers that declared that that period did not happen and all these items were placed there by a Mr L.Satan to fool us all.

No don't sue Satan. He's put all his assets in liability remote tax shelters, and has literally ever major law firm on speed dial. They don't charge him, putting it under "services rendered under previous contract terms with the client"

most of the judges have a similar contract with him too....

**Peregrine**

agnosto wrote:
Of course a reasonable and prudent person doesn't fall asleep in a public place not designated as a sleeping area and expect to remain unmolested, by nature or otherwise.

There's a difference between "remaining unmolested by nature" and "suffering a severe head injury from a pinecone most people have never even heard of". Nobody would have any sympathy for him if he'd just received a minor scratch from a normal pinecone, or had some kids throw normal pinecones at him. But that's not the actual case.

This is up there with McDonalds not telling an old lady her hot coffee was hot and being sued for it.

You're right, it's exactly like that. It's a clickbait story that, once you read the details, turns out to be a legitimate case. In that McDonalds case the suit was over the fact that McDonalds kept their coffee at a temperature significantly hotter than normal and well outside safe limits. They were found to be liable for her injuries for a very good reason.

Any sympathy I might have had for him was crushed by this ass-hattery:

“He’s afraid to go outside at this point because he’s afraid something is going to hit him in the head,” Johnson said. “Our priority is to institute change and help this guy out. He was doing pretty well before the accident, and now he is completely dependent and will likely need lifetime care.”

I see, so having the wrong reaction to having your skull crushed is now "ass-hattery"? If that's ass-hattery then I'd hate to think about what label your post here should receive...

**agnosto**

A. You don't need to know what a bear is or looks like to be molested by a bear just like you don't need to know what a coconut looks like to be struck in the head by one.

B. I think the court was wrong on that one but whatevs.

C. You know what this is; this is an ambulance chaser trying to maximize sympathy for his client. He's a a navy veteran, just as easy to call it PTSD, link it to his service and run from there.

Not interested enough to research it but it's usually not allowable to sleep in a federal park outside of designated areas.

Dude fell asleep and got hit on the head while he was zonked out. Moral, don't sleep where you know that you shouldn't. Unless you're homeless, go home if you're that tired.