Saturday, August 10, 2013

Brooklyn Man Injured By Falling Tree in Prospect Park To Sue City For $ 20 Mil.


By Geoffrey Croft

A Brooklyn man injured by a fallen tree limb in Prospect Park two weeks ago plans on suing the city for $20 million according to a Notice of Claim filed last week.

The Claim cites unspecified "severe and permanent personal injuries," including "emotional injuries" to Jermaine Shell "as a result of negligence. carelesness, recklessnss and gross negligence of the City and Parks Department. " 

The claim says Mr. Shell was "seriously injured when he was struck by a fallen tree" whose "resulting injuries were caused solely by the negligence of the City, the Parks Department which we negligent in its ownership, supervision, management, maintenance and control" of the tree.

It says the city was negligent and carless in its failure to properly,  adequately and/or timely inspect, and maintain the public park and tree.

The Parks Department and the Prospect Park Alliance are named as defendants. 

Mr. Shell's lawyers are also demanding the Parks Department  preserve all evidence pertaining go the incident including maintenance, Inspection and Repair records. 

A motion was also filed in state Supreme Court demanding  the City and Parks Department preserve the tree itself, its maintenance records, and all materials removed from the scene of the accident. 
On the morning of July 27 around 7:30 am Shell was walking with three dogs when the tree hit him. 

He was taken by ambulance to Kings County Hospital.

The filing comes after a series of tree-related injuries in city parks and NYCHA properties including the tragic death this week of a 30-year-old pregnant woman in Queens as a result of a deceased tree.

On August 5th, Yingyi Li-Dikov, 30, was tragically killed after a large oak fell on her in Kissena Park on Sunday night.  

Thirteen people have been injured over an eight week period.  

Mr. Shell's filing was first reported  by DNAinfo. 

Read More:

A Walk In The Park - July 30, 2013 - By Geoffrey Croft 

City Removes Destroyed Bench In Deadly Tree Incident That Killed 
Pregnant Yingyi Li-Dikov In Kissena Park
A Walk In The Park - August 9, 2013 - By Geoffrey Croft 

Rotted Tree Killed Pregnant Woman In Kissena Park
A Walk In The Park -  August 5, 2013 - By Geoffrey Croft 

Pregnant Woman Killed By Tree In Queens Park
A Walk In The Park - August 4, 2013 - By Geoffrey Croft 

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