Mother sues Vic council for falling branch

A Melbourne woman who was seriously injured by a falling tree branch that killed her four-year-old daughter is suing the council responsible for maintaining the tree.

Kristy Thomas and her daughter Patiya May Schreiber were walking in Bendigo's Rosalind Park on December 30, 2013, when a branch from a large eucalyptus tree fell suddenly, killing Patiya and injuring Ms Thomas.

Ms Thomas filed a writ in the Victorian Supreme Court on Tuesday seeking damages including medical costs from the City of Greater Bendigo.

The writ claims the council was negligent in not adequately inspecting the tree, and not pruning or removing it.

Ms Thomas says the council had a duty of care to avoid foreseeable risk to park users.

An inspection of the tree was carried out on September 19, 2013, at which point, the writ says, the tree had structural faults.

Ms Thomas says the arborist who inspected the tree did not conduct an above ground inspection and incorrectly identified the tree as structurally sound.

Ms Thomas says she sustained a spinal injury, a scalp laceration, a fractured rib, burns, abrasions and psychiatric injuries because of the incident.

The 32-year-old says her capacity to work and earn an income has been impaired because of her injuries.