CHARLOTTE, N.C. -- Moments before a wrongful death lawsuit was to begin, the family of a woman killed by a fallen tree reached a settlement with the city of Charlotte.

Jury selection was set to begin Monday afternoon when the settlement was announced.

In March 2008, Kay Plyler and her daughter, Taylor Yeaton, were driving home after shopping for a school dance when a tree fell at the corner of East Boulevard and Asheville Place. Plyler was crushed and killed in the incident. Yeaton was injured

Attorneys for the Plyler family said the city knew the tree had a decaying root system and did nothing to warn the public about the danger.

Attorneys for the city said they didn't know that the trees roots were damaged.

During a lunch recess, the two sides began negotiations, and a monetary settlement was announced by 3 p.m.

The dollar amount is confidential but attorneys for both sides said it should be enough to help Yeaton pay for college. Her brother and stepfather will also collect part of the settlement.

Attorneys said the risk of losing motivated them to begin negotiations again.

And so did the reality of Plyler's family, especially the daughter who survived the crash.

"She was a passenger in the car and was there when her mom died,” family attorney Fred DeVore said. “To relive the photographs and the horror and nightmares she's been experiencing since that time...We thought it might be in her best interest to take care of it at this time.”

Because the settlement will be paid with taxpayer money, the Charlotte City Council will have to approve the settlement amount. That could happen as early as next week.