Flora abounded at a picturesque Maui resort with tall coconut palms lining its walkways. At these Hawaiian getaways, property managers are required to hire certified arborists to routinely inspect the health of its trees. However, one hotel flouted its obligations, instead relying on uninsured, unlicensed tree trimmers. At least one of their coconut trees became overgrown and developed rot. A family of four from California had recently arrived at the hotel for the start of a relaxing vacation. Fresh off the plane, the family checked in and went to get groceries. While on the sidewalk, the decaying crown of a palm broke free and plunged 80 feet toward them. A 10-foot section of tree crashed on top of the mother. The father dropped to his knees and struggled to unearth her from the heavy debris.
The tree shattered the mother’s ribs, spine, shoulder, and arm. The impact severed the nerves in her arm, contused her brain and lungs, and ruptured a major artery. The resulting compartment syndrome forced surgeons to slice open her arm to prevent it from swelling up and “exploding.” Doctors placed her in a medically induced coma for days. She underwent seven major surgeries and remained hospitalized in Maui for two months, too fragile to return with her family to California. Eventually, she recovered enough to make the journey home. Due to her permanent disabilities, her husband and children had to assist her with her daily activities.
Within days of the incident, the family contacted Jake Lowenthal of Lowenthal & Lowenthal, whose own family had been practicing law on Maui for over 50 years. Jake met with the victim at the hospital. During the first six months, the team’s focus was not on litigation but instead on meeting the mother’s needs. They served as liaisons for the mother and her family in California — going to such lengths as to deliver personal items from her home like a pillow for comfort. As the case's legal and medical complexities grew, Jake brought on Matt Menzer of Menzer Law Group as co-counsel. Through the first round of discovery, Jake identified six Defendants since the hotel had been sold to a multinational conglomerate the day after the incident.
The first obstacle in the case arose almost immediately: the hotel had cut down and disposed of what remained of the coconut tree. Jake had arranged for an arborist to inspect the remaining portion of the fallen palm tree — even having sent a letter to the hotel with instructions to preserve the tree as evidence. However, on the day that site inspection was scheduled, Jake got a frantic call from the opposing counsel informing him the torn tree had been removed. The spoliation of evidence at least offered an advantage: the judge would likely instruct a jury to assume the tree was rotten.
Though the Defense pushed to resolve the case quickly, Jake and Matt argued that the full damages could not be calculated until the mother fully recovered. It wasn’t until two and a half years later that doctors declared she had reached maximum medical recovery. Meanwhile, the Defense argued that the event was an unforeseeable “freak accident.” The hotel claimed that by hiring professionals to trim trees, it had met its responsibilities. The Defense also made attempts to slow the discovery process to prevent Jake and Matt from determining who was responsible.
To tackle the case’s complexities and prove liability, Jake and Matt hired multiple arborists and two hotel management experts. For the medical damages, they brought on a physical medicine and rehabilitation expert, a life care planner, and a psychologist to address the family’s PTSD. They also hired a vocational expert, an economist, a biomechanical engineer, and an accident reconstructionist. To capture the case’s enormity, Jake and Matt tasked DK Global with creating two animations.
The first animation began with a satellite overview of the hotel property, showing the locations and photos of the palm trees. DK Global collaborated with the accident reconstructionist to create a faithful 3D reenactment of the incident, documenting the path the family walked and where the palm tree collapsed. Next, the animation measured the height of the intact palm tree. The rendering of the mother lying on the sidewalk transitioned into 3D illustrations of her internal and skeletal injuries. These were compared against her actual radiological scans. The animation concluded with a visual overview of the totality of the mother's damages.
For the second animation, DK Global partnered with the mother’s medical experts to accurately recreate her seven invasive surgeries. The video began with a reconstruction of the mother's first arm surgery, showing how her fracture was stabilized with metal screws. Next, the video documented how her artery was drained, repaired, and rerouted, along with the multiple incisions to her arm and neck. Then, a reenactment of her medically induced coma revealed the strain upon her heart. Finally, the mother's other surgeries, including her rib repairs, showcased their invasiveness and the immense number of metal plates required to stabilize her thorax.
Jake and Matt sent the Defense a demand letter with the DK Global animations. Their goal was to send the message that they were ready for trial and would not allow the dry paperwork to dull the enormity of the mother's trauma. With no initial settlement offers from the Defense, the two sides met in person to mediate. By the end of the day, a confidential settlement was reached. Upon reaching the settlement, one of the insurance adjusters came in visibly shaken and apologized for the family's suffering. A judge later told Jake that he and Matt had attained the second-highest personal injury settlement he had ever seen in Maui. The final amount came as a shocking but huge relief to the family. They even offered to give Jake and Matt more money (which they politely declined).
Jacob K. Lowenthal, managing partner at Lowenthal & Lowenthal, is the son of renowned trial attorney Philip Lowenthal. The family-owned practice has been operating in Maui for over 50 years. A former President of the Maui County Bar Association, Jake successfully argued before the Hawaii Supreme Court to secure the right of Hawaii citizens to film police. He serves as the Maui Director for the Hawaii State Bar Association, and is a member of the Hawaii Association for Justice and the American Association for Justice.
Matthew Menzer is the founder of Menzer Law Group, a firm specializing in medical malpractice, wrongful death, and complex personal injury cases. He has been in practice for over 30 years. Matt has been ranked among Seattle’s best wrongful death lawyers by Forbes Advisor and is included in the 2025 edition of The Best Lawyers in America for Personal Injury Litigation – Plaintiffs. Additionally, he holds the rare distinction of being a Super Lawyer in both Washington and Hawaii. Matt has consistently earned top professional ratings, including an AV Preeminent rating from Martindale-Hubbell, a 10.0 Superb Rating and Clients’ Choice Award from Avvo, and recognition as one of Seattle Met Magazine’s Top Attorneys in Washington. He is also a lifetime member of America’s Top 100 Attorneys and a member of both the Multi-Million Dollar Advocates Forum and Million Dollar Advocates Forum.
