City of Augusta pays $210,000 settlement after tree falls on Augusta man
The City of Augusta paid an Augusta man a $210,000 settlement after a lawsuit was filed alleging a publicly maintained tree fell on his vehicle.
Tavarius Washington filed a lawsuit against the City of Augusta on May 6, 2021 alleging that while driving down Broad Street on June 20, 2020, a large limb of a public oak tree fell on his vehicle, causing serious injuries and other damages.
Mayors at White House: Augusta, Savannah mayors to visit White House for economic policy forum
Washington alleged the force of the impact from the falling limb knocked him unconscious, leading to his truck colliding with a different tree. He claimed he sustained injuries to his head, neck, back, tailbone, leg, and foot during the incident, costing him over $55,000 in medical bills.
The lawsuit alleges that prior to the tree limb falling, it was a public hazard – showing signs of decay and oozing from a cavity.
The lawsuit states Washington was injured because the city failed in its ministerial duties to maintain the tree in a safe condition. It cites the Augusta Parks Division and the Augusta Maintenance Division, which are responsible for inspecting and maintaining trees on county property.
Inspection reports of Broad Street failed to show an inspection of any tree or identify any hazardous tree condition, according to court documents. In a deposition, a city employee admitted the February 2020 inspection report was not completed and no inspection was conducted in April 2020.
Firefighter vacancies: Now hiring: Augusta Fire trying to fill 75 vacancies, other area fire departments under 5
Prior: Falling tree kills bicycle rider
On July 31, 2017, Wright Montgomery, who lives on Broad Street, contacted the City of Augusta through the Cityworks/311 system regarding the health of the tree that injured Washington, according to court documents. Montgomery requested the tree be removed, but the city never produced a work order.
Chris Barneycastle, certified arborist, reviewed photos of the tree after the limb collapse and determined the decay had most likely been present for several years, according to court documents. Furthermore, Barneycastle inspected the other large oak trees in the nearby medians and found "alarming issues," including large limb failures, cankers, and armillaria root rot, which "pose a significant degree of risk unless remedial measures are taken."
The City of Augusta did not respond to inquiries from The Augusta Chronicle about the lawsuit or the current state of county-maintained trees at the time of publication.
Attorneys representing Washington did not respond to requests for comment from The Augusta Chronicle.
This is not the first time a tree can injured an Augusta resident. In July 2007, 40-year-old Robert Walker was killed by an uprooted tree that crashed onto a small convenience store in Augusta's historic district.
Walker was riding the bike near the store when a wind gust caused the tree to fall on top of him, according to a previous Augusta Chronicle article. Richmond County firefighters freed multiple people trapped inside the store.
At the time of the incident, Bill Fennoy, whose house was across the street from the store, blamed decaying city trees for the accident.
Former Mayor Deke Copenhaver, who also was at the accident scene, acknowledged the growing danger of older trees, but said many city trees are on private property and removal involves a private cost factor.
This article originally appeared on Augusta Chronicle: City pays $210,000 settlement to Augusta man injured by falling tree
