Family files $2.5 million lawsuit over boy's death after tree fe - KPTV - FOX 12

Family files $2.5 million lawsuit over boy's death after tree fell on car in SW Portland

Posted: Updated:
A boy died after a tree fell on a car in SW Portland in December 2014. (KPTV file image) A boy died after a tree fell on a car in SW Portland in December 2014. (KPTV file image)
A boy died after a tree fell on a car in SW Portland in December 2014. (KPTV file image) A boy died after a tree fell on a car in SW Portland in December 2014. (KPTV file image)
PORTLAND, OR (KPTV) -

The family of a boy who died after a tree fell on a car has filed a $2.5 million lawsuit against the owners of two properties in southwest Portland.

Thomas William Graham, 11, was riding in a car driven by his mother in December 2014 when a tree fell onto Terwilliger Boulevard near Castleridge Lane.

Police said the tree hit the car, causing the driver to swerve and hit another tree.

A lawsuit filed in Multnomah County on Thursday alleges that adjacent property owners at the tree's location, "owed a duty of reasonable care to prevent dangerous conditions upon their property."

The lawsuit states if they failed to inspect and treat or remove the tree, it constitutes negligence.

"For a significant period of time prior to December of 2014 the appearance of the large dead cedar was such that would indicate to a reasonable person that it was damaged, weakened and not structurally sound," according to the lawsuit.

Court documents state Graham survived the initial impact, but later died at the scene and suffered "great pain and emotional distress in the time between the collision and his death."

The lawsuit seeks $500,000 for his pain and suffering, as well as $2 million for medical expenses, funeral expenses and future earnings over his expected lifespan, as well as, "the loss of Thomas William Graham's society, companionship, support and services."

Graham was in the sixth grade at Lake Oswego Junior High School and previously attended Forest Hills Elementary.

Copyright 2016 KPTV-KPDX Broadcasting Corporation. All rights reserved. 

Powered by Frankly
FOX 12
Powered by WorldNow CNN
All content © 2017, KPTV-KPDX Broadcasting Corporation, Portland, OR . All Rights Reserved.
For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices.