Parents of 4-year-old Ronan Kerr allege negligence and seek a court-ordered plan to address hazardous trees.
SAN DIEGO — The parents of Ronan Kerr, 4, sued the city of San Diego and a tree-maintenance contractor over a June 29 limb failure at Villa La Jolla Park that fatally injured their son. Ronan died July 6 after a week at Rady Children’s Hospital, the family said.
In their complaint, the family argues the eucalyptus tree showed clear structural defects and that past failures involving the species gave the city advance notice of a recurring danger. City officials declined to comment because the case is pending. The contractor named in the suit did not immediately respond, the complaint states. The filing seeks damages and an injunction requiring the city to identify and fix high-risk eucalyptus near parks and schools, including regular inspections and publicly available risk reports.
The accident unfolded as Ronan and his 7-year-old brother played with their father, Cathal Kerr, on the park lawn. Kerr heard a crack and shoved his older son away as a main stem—described in the filing as more than two dozen feet long—fell from the canopy. The limb struck Kerr and Ronan. Medics rushed the child to the hospital with a severe brain injury. Kerr suffered a head injury, a fractured nose and deep bruising. The family says Ronan never regained consciousness.
Attorney Bibi Fell said eucalyptus in irrigated parks can decay internally and drop heavy limbs without warning, and that the specific tree by the play area had visible issues a trained inspector should have caught. The suit lists dozens of eucalyptus limb incidents in San Diego dating back decades, including a fatal fall near the zoo in the 1980s, to argue the hazard is well established. Ronan’s mother, Dara Feldman, called her son warm and affectionate and said his older brother saw the impact and the days that followed.
Neighborhood parks across La Jolla and greater San Diego feature mature eucalyptus planted generations ago. The complaint says maintenance records and inspection intervals will be central in the case, along with whether officials documented warnings such as decay, dieback or poor branch attachment. The park remained open after crews removed the fallen wood. Community members left flowers and children’s toys near the play structure in the weeks that followed.
The lawsuit, filed in county court, seeks wrongful-death damages and compensation for Kerr’s injuries, as well as a court order to remove or remediate eucalyptus identified as high risk around parks and schools. No initial hearing has been set. Lawyers expect discovery to focus on city logs, contractor work orders and prior assessments. The city could assert immunity defenses, which judges often consider early.
“He was everything to me,” Kerr said in a local interview, describing the split second before the impact. The family said Ronan would have turned five on Dec. 2.
The case remains at the opening stage with responses from the city and contractor pending. Attorneys anticipate early motions in the coming weeks.
Author note: Last updated November 14, 2025.