Monarch Butterfly Sanctuary Lawsuit Settled for $1,000,000 Butterfly Season in 35 years

[Paul Cherubini]

http://www.theksbwchannel.com/news/10090383/detail.html

October 16, 2006

PACIFIC GROVE, Calif. -- The city of Pacific Grove agreed Monday 
to pay the Thomas family $1 million in the wrongful death of their 
85-year-old mother, Ann Thomas, who died after being hit by a 
falling tree branch inside the city's butterfly sanctury.

The settlement, which was the result of nearly two years of 
negotiations, came just three days before the case was supposed to go to 
trial. The Thomas family originally sought close to $10 million from the 
city.

Thomas was killed in 2004, after which six lawsuits were filed by the 
family -- two for wrongful death and four for emotional damages.

Although the city has settled the case, they've been slow to accept full 
responsibility.

"They will not admit liability for the accident. I think the city 
acknowledges throughout the course of the settlement discussion and 
throughout the amount that was paid, there are some issues here," city 
of Pacific Grove spokesman Jon Giffin said.

Most of the settlement will be paid through a risk sharing group that 
Pacific Grove and 36 other cities are a part of. The rest -- a little 
less than 10 percent -- will be paid by the city.

The walking trails in the sanctuatry near the trees have been roped off 
and city officials said they're considering adding warning signs to 
alert visitors to the dangers of falling trees.

 
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