Man files $5M lawsuit after pine cone falls on his head

A U.S. Navy veteran is suing the United States government and the National Park Service after he said a 16-pound pine cone fell on his head and crushed his skull.

While on vacation in San Francisco celebrating Fleet Week, Sean Mace said he was reading and napping under a tree in San Francisco Maritime National Historical Park when the pine cone fell on his head.

Mace had been resting underneath a Bunya pine tree, which are not indigenous to the area, the lawsuit notes. The seedpods, or pine cones, of a Bunya pine can grow to be 16 inches in diameter and weigh up to 40 pounds.

Immediately following the incident, Mace was rushed to San Francisco General Hospital, where he underwent surgery to relieve pressure on his brain. Five days later, a second surgery was required to further relieve pressure building inside his skull.

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

According to court papers, because there were no warning signs posted to prevent people from lounging under the trees, Mace suffered "injury, with severe and likely irreversible cognitive deficits."

In response to the lawsuit, the Park Service has already implemented changes to the park. Orange fences with warning signs stating "danger: giant seed pod falling from tree" have been placed around the pine trees. 

Joe Barlow, a local street artist, told SF Gate that he has seen the pine cones fall from branches, which hung over sidewalks, and land dangerously close to tourists. 

“It just missed them. 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,” Barlow said. 

As a result of the incident, Mace said he now suffers from depression and post-traumatic stress disorder. 

“He’s afraid to go outside at this point because he’s afraid something is going to hit him in the head. 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," his lawyer said.

Also named in the $5 million lawsuit is the Department of the Interior and San Francisco National Historical Park, where the incident took place. Mace hopes the lawsuit will ensure policies are changed so no one else will experience what he has been for to endure.