Mary Ruether won a defense verdict for a municipality after the plaintiff was struck by a large tree limb. The plaintiff had a scalp laceration, subarachnoid hemorrhage and a complex finger fracture. The plaintiff claimed they had post-concussion syndrome, an ongoing daily headache and an inability to return to work. The plaintiff claimed the city had notice of the poor condition of the tree since a previous branch the fell was picked up by the city a year prior. Missing evidence instruction was given in connection with the loss of the branch that had fallen. Mary asserted that photos of the tree and branch did not show decay or disease, but instead showed live wood consistent with a branch being torn off during a storm.