NC Dept. of Labor issues report in Biltmore Estate employee tree fall death investigation

Mitchell Black, Asheville Citizen Times
·3 min read
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ASHEVILLE – A state labor department report absolved the Biltmore Estate of blame in the death of an employee, who was crushed by a falling tree during a windy day.

Jerrilyn Musachia, who worked as a guest relations interpreter and host for Biltmore Estate, was walking to the parking lot after finishing her shift April 1. A few steps after she walked through the pedestrian gate, she was struck by the top section of an uprooted 50-year-old hemlock tree, according to a report from the North Carolina Department of Labor, Occupational Safety and Health Division, obtained by the Citizen Times through a public records request. Musachia died that day. She was 66.

The tree that killed Musachia was 82 feet tall and weighed between 5,000 and 7,000 pounds, according to the report, which referred to information from a tree care organization. Local meteorological reports on the day projected sustained 20 mph winds with gusts between 40 and 50 mph. Trees are not expected to be uprooted until wind speeds reach between 55 and 63 mph, according to the report.

A picture of police tape at Biltmore from the North Carolina Department of Labor's investigation into the death of Jerrilyn Musachia.
A picture of police tape at Biltmore from the North Carolina Department of Labor's investigation into the death of Jerrilyn Musachia.

Trees on the estate are “inspected, evaluated, tagged, and removed or pruned as needed,” according to the report. The hemlock tree had been treated with two insecticides a week before it fell on Musachia, according to the report.

The Citizen Times reached out to Musachia’s daughter about this story.

Ultimately, the report found that Biltmore did not violate North Carolina occupational and safety health standards. Biltmore received no citations.

“Due to the age and health of the hemlock tree involved along with the current treatment and regular inspections/evaluations of all trees across the estate as well as the inability to predict the effects, locations and severity of wind gusts at the time of the incident, the employer could not have known of the existence of the hazardous conditions contributing to the fatality,” the report read.

Trees cut down at the location of the investigation of Jerrilyn Musachia's death at the Biltmore Estate.
Trees cut down at the location of the investigation of Jerrilyn Musachia's death at the Biltmore Estate.

The investigation began the day Musachia died and was closed July 18, according to the report.

“This was a tragic and very sad event,” LeeAnn Donnelly, a spokesperson for Biltmore, told the Citizen Times in an email. “Biltmore continues to offer support to Ms. Musachia’s family during this difficult time.”

In response to a Citizen Times question about policy changes Biltmore has made to prevent future tree-fall-related deaths, Dennis Martin Jr., an Asheville-based attorney representing Biltmore, wrote in a statement that the employer "routinely reviews its policies to ensure the safety of its guests and employees."

Not the estate's first tree fall death

Included in the report are summary statistics of injuries and illnesses among Biltmore employees. From 2020 to some point before the report closed in 2023, the company reported 75 injuries and illnesses among its employees. The Citizen Times reached out to the state to clarify if those injuries were sustained at the estate. Musachia was the only employee who died at the company during that time.

The officer in charge of the report noted “trends with hand injuries, falls and strains/sprains.”

Biltmore provided a lengthy response, mentioning a risk assessment team to analyze employee hazards and a process for analyzing what causes injuries.

Included in the report are letters to Musachia’s family expressing condolences and giving updates on the investigation.

More: Wrongful death lawsuit: Widow of FDNY firefighter killed by Biltmore Estate tree sues

More: Update: Biltmore Estate continues trails shutdown, adds closures after high winds, deaths

Musachia’s death was the second fatality by tree fall at Biltmore in a year. Casey Skudin, a New York City firefighter visiting with his family to celebrate Father’s Day and his upcoming birthday, died June 17, 2022, when a tree fell on the car he was driving along the entrance road. He was 45.

His widow, Angela Skudin, filed a wrongful death suit against Biltmore in July 2022, alleging Biltmore was grossly negligent because the company knew the tree that killed her husband was rotten and did not remove it, instead supporting it with cables.

That case has progressed to the discovery phase, according to court documents.

Mitchell Black covers Buncombe County and health care for the Citizen Times. Email him at mblack@citizentimes.com or follow him on Twitter @MitchABlack. Please help support local journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: Biltmore Estate employee tree fall death investigation completed