New Jersey Sued Over Tree Incident Resulting in Child’s Death

New Jersey Sued Over Tree Incident Resulting in Child's Death

A 12-year-old boy was killed when a rotten tree from their property fell on him, prompting the boy's parents to file a lawsuit against the NJ Department of Military and Veterans Affairs (DMAVA).

Just after noon on October 14, 2024, Lucas Schwartz was playing in the backyard with his 8-year-old sister when the tree was overturned by strong winds, killing the boy.

He was able to be freed from behind the downed tree by responding officers, who then started CPR. Lawrence Township EMS transported him to Capital Health System - Regional Medical Center, where he subsequently passed away from his wounds.

Exactly a year later, the Schwartz family has filed a wrongful death complaint against DMAVA.

The lawsuit claims that before it fell on Lucas and the swing set, the dead and rotting tree, which was between forty and fifty feet tall, had split at the base.

The lawsuit claimed that before the tree fell on Lucas Schwartz and killed him, "DMAVA knew, or should have known, that the tree was dead and rotten."

"DMAVA purposefully and deliberately disregarded the threat that the numerous dead and decayed trees on its land posed to the public, including Lucas Schwartz, rather than taking action to remedy them before Lucas' death."

According to the lawsuit, there was no structure between the houses and the tree that hit Lucas, even though the Schwartz family home was next to DMAVA's land.

According to the lawsuit, "DMAVA neglected to put up any barrier or warning that its' endangered trees created a risk of severe harm to the public."

Additionally, the lawsuit claimed that during the week of December 2, 2024, the DMAVA had dozens of rotten and dead trees chopped down, stumped, and/or removed from within hundreds of feet of the Schwartz property.

Numerous public buildings, such as Central Park, Lawrence Township Playground, a school, a church, private residences, baseball and soccer grounds, and historical sites, encircle the DMAVA Headquarters.

Morgan A. Kendall and Jason S. Weiss, Esq. of Saltz Mongeluzzi Bendesky, P.C. are representing the Schwartz family.

Every parent's worst nightmare is embodied in this case: Lucas was brutally struck by a decaying and dead tree when he was playing on his swing set in his garden.

Tragically, DMAVA was unable to eliminate the threat in this case, as seen by their attempts to do so right after Lucas' passing. We hope that the Schwartz family, including their surviving 8-year-old daughter who saw her brother's avoidable death, will receive justice in a fair and open manner.

Both punitive and compensatory damages are sought by the Schwartz family.