In a tragic motor vehicle accident that occurred in 2007, a husband and wife, from Pelham Manor, NY, died when a large tree fell on their SUV, with their two sons were riding in the back seat, while driving on the Merritt Parkway in Westport, CT.
Despite the fact that this horrific accident occurred over five years ago this case is still in legal limbo as it is still working its way through the CT Claim's Commissioner's Office.
In this case a large tree fell, on the family SUV, which killed the parents and injured the children. The Estate of the Deceased couple and the couples' children claim that the State of CT is negligent because it knew or should have known of the hazard created by the condition of the tree, which was decayed. The claim was also made that the inspection procedures in place were inadequate. The claims made by the Estate and sons against the State of Connecticut are for Fifteen Million Dollars
The Connecticut attorney general's office claims that state officials were not negligent and that the state should not be held accountable for these damages.
The State of CT employed a procedure whereby a state landscape designer performed a twice-a-year, slow-speed visual drive-by inspection of the trees along the Merritt Parkway. The Attorney General's office claimed that this means of inspection was a reasonable and recognized method of inspection.
A decision by the CT Claim's Commissioner's Office is expected within the next several months.