Husband of Ligonier woman killed by falling branch at McKeesport park sues city for her death

The husband of a Ligonier woman killed by a falling tree branch while she was attending a softball event in a McKeesport park last month has sued the city in Allegheny County Court.

William W. Miller, who is the administrator of his late wife, Gendie’s, estate, cites negligence and infliction of emotional distress in the suit. It seeks damages for himself and the couple’s daughter, Marlee.

Miller said in the suit he was directly beside his wife, who was seated on a portable chair under the branch to watch their 16-year-old daughter perform softball drills on July 24 at the city’s Renziehausen Park. He said the branch fell without warning, striking his wife on the head and fatally injuring her.

Miller said the “large tulip tree, with a large, loose, dead and/or decaying tree branch suspended directly above a paved pedestrian/spectator zone near the concession stand … posed an unreasonable risk of harm” to nearby spectators and park visitors.

USA Softball of Western Pennsylvania officials said the incident took place prior to game play during the Western PA College Showcase softball camp, a recruiting event in Renziehausen Park.

Shortly after the incident, Miller told TribLive news partner WTAE that he jumped out of his chair and told his wife, “Let’s go,” after he heard a cracking sound. He said he felt a small branch graze his leg and turned to see his wife face down under multiple branches 10 to 12 inches thick.

His 49-year-old wife was rushed to Forbes Hospital in Monroeville but died before arrival.

Tulip trees are known to have branches prone to falling, according to the suit. Though he said there was evidence of some tree-cutting at Renziehausen Park, he charged that the city failed to timely and properly inspect and maintain the park’s trees.

He said the city also failed to warn his wife and other park users of the dangerous condition of the tree and failed to cordon off the affected area.

“Despite the catastrophic loss of life, the following day, defendant failed to cordon off the at-issue tree,” allowing pedestrians to congregate in that area, Miller stated.

McKeesport officials on Friday confirmed knowledge of Miller’s lawsuit.

City Solicitor J. Jason Elash said in a statement: ““While the City of McKeesport extends our deepest sympathies to the Miller family in response to this tragic loss, we would have had no means to predict a fatal incident stemming from an otherwise healthy tree.

“The City maintains an extensive tree-monitoring program in Renziehausen Park and will continue to do so moving forward. No one could have prevented the tragic events that occurred on July 24.”

Miller said he “experienced immediate and substantial emotional harm as a result of observing his wife sustain fatal traumatic injuries while he was situated inches away from her and in immediate danger of serious physical harm.”

In the suit, he is seeking damages including those recoverable under the Wrongful Death Act and “for pecuniary losses suffered by decedent’s heirs” as well as reimbursement for medical bills and interment and administration expenses.

Miller said his wife’s survivors “will forever be deprived of the guidance, love, tutelage, companionship contribution, counsel, services, support, comfort and consortium which they would have received from her for the remainder of her natural life.”