Date: Fri 23-Feb-1996

Publication: Bee

Author: ANDYG

Quick Words:

lawsuit-Murchison-tree

Full Text:

Man Injured By Falling Branch Sues Town

B Y A NDREW G OROSKO

A local couple has informed the town they intend to sue municipal officials.

The lawsuit comes in connection with a serious September accident in which a

large tree branch fell on a vehicle the husband was driving on Boggs Hill

Road, causing serious multiple injuries to him.

In a notice to the town clerk, James E. and Stacey D. Murchison of 58

Schoolhouse Hill Road, Sandy Hook, notify the town they intend to sue Public

Works Director Fred Hurley, Tree Warden John Mead, and any other town

employees responsible for maintaining trees on public property. The branch

fell from a tree in the public right of way of Boggs Hill Road.

The notice states the injuries and losses sustained in the accident by Mr

Murchison were caused by the negligence of the town in the performance of its

tree maintenance duties.

According to the notice, at about 2:45 pm on September 4, 1995, Mr Murchison

was driving a 1994 Geo Tracker westbound near 176 Boggs Hill Road when a

branch from a tree growing four feet off the westbound road shoulder broke off

and fell approximately 25 feet onto the Geo, causing the vehicle to flip,

resulting in Mr Murchison, 27, being ejected from it onto the road. A Tracker

is a small, two-door vehicle.

The impact of the 24-inch-diameter branch caused heavy body damage to the Geo,

according to police.

At the time of the accident, Stacey Murchison was traveling ahead of her

husband in another motor vehicle on Boggs Hill Road. The Murchisons were on

their way to the hospital to deliver their first baby. Just after the tree

branch fell onto Mr Murchison, Mrs Murchison went to aid her husband.

"Under these circumstances, she suffered extreme emotional distress and was

herself taken to the hospital by ambulance. At the hospital, labor was induced

and she was required to deliver her baby not knowing whether her husband was

dead or alive," according to the notice of intent to sue.

According to the notice, Mr Murchison suffered multiple spinal fractures, four

broken ribs, a broken shoulder blade, a broken leg, a broken knee, a punctured

lung, a concussion, and abrasions and bruises.

The notice doesn't specify when the lawsuit will be filed or what damages will

be sought. The Murchisons are represented by Attorney Stephen D. Ecker of

Cowdery and Ecker, LLC, of Hartford.