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Family of woman killed by branch sues

The lawsuits say the city should have known the tree was weak. A falling branch pinned the woman to a bench in Zephyr Park.

By JAMAL THALJI and MOLLY MOORHEAD
Published February 14, 2006

ZEPHYRHILLS - As promised, the family of a woman killed by a falling oak tree in Zephyr Park seven months ago has sued the city.

Nancy Booth was sitting at a park table with two of her adult children July 18 when witnesses heard a loud crack. It was the overhanging branch from the Civil War-era oak tree above them. It split off and fell onto their table.

The branch trapped Booth against the bench, killing the 63-year-old woman.

In August, Lakeland attorney W. Clinton Wallace sent a letter to the city informing officials that the family intended to sue. The letter asked the city to settle the family's claims for an unspecified amount.

But the state-mandated six-month waiting period has ended, and according to the lawsuit, the city hasn't responded to the claims. So four lawsuits were filed in circuit court Friday, each seeking more than $15,000 in damages.

The city had not been served with the complaint Monday afternoon, and City Manager Steve Spina said there has been no discussion of settling.

"We'll have to see what the case says and what the attorney and the insurance company say," he said. "We'll rely on their recommendations."

A wrongful death lawsuit was filed on behalf of Charles Booth, the victim's husband, who the lawsuit says suffered "mental pain and suffering," as well as the loss of companionship.

The lawsuit says the city should have known the tree likely had "major structural failures," should have known the tree had been weakened by the hurricane season, failed to check for rot and was negligent in putting a bench underneath the 50-to-60-foot tree.

Personal injury lawsuits were filed on behalf of two of the victim's children, Callie and Glenn Booth, who the lawsuits say were sitting with their mother and suffered physically and mentally when the tree landed on them.

Those lawsuits, as well as one on behalf of sibling David Booth, make claims of negligent infliction of emotional distress. All three say they witnessed the death of their mother.

The family's attorney did not comment Monday.

After the July 18 incident, the city trimmed back many trees and commissioned a tree survey, which included the oak that fell on Booth.

A supervisor with the Florida Division of Forestry found about a foot of healthy wood around the oak's rotted core.

"There is more solid wood than rot, so it should've stood up," David Fogler told the St. Petersburg Times in August.

[Last modified February 14, 2006, 02:45:31]