Rampant Maintenance Failures Blamed For 'Predictable' Collapse Of Towering Dead Tree That Nearly Killed 39-Year-Old Mother Of Three

NEW YORK, Feb. 26, 2018 /PRNewswire/ -- Trial attorneys Jordan K. Merson and Thomas R. Kline, of Merson Law and Kline & Specter, today announced that rampant maintenance failures by numerous defendants were responsible for the 'totally preventable' collapse of a towering dead tree in Central Park last year that nearly killed Anne Monoky, the Tory Burch marketing executive.  Attorneys Merson and Kline, who represent Ms. Monoky, Curt Goldman, her husband, and their three sons, filed suit (Monoky vs. City of New York et al., Supreme Court of New York, Filing No. 151690/2018) today to hold the City, its Department of Parks and Recreation, Central Park Conservancy, and private tree contractors responsible for failing to properly maintain the 75-foot elm that stood near the finish line of the New York City Marathon.

Ms. Monoky, a marketing executive at Tory Burch (she's been on leave since the incident), was taking her three sons – ages seven months, two and three – on a walk  (the older boys were in a double stroller, the baby in a front carrier) through Central Park at West 62^nd St. and West Dr., last August 15^th when the tree suddenly toppled.  She was instantly crushed under the enormous weight, but somehow managed to save the boys with the help of Good Samaritans and first responders. Ms. Monoky was unconscious and suffered dozens of devastating injuries, including multiple spinal fractures. She has worn a neck brace since the incident, and her prognosis is uncertain. According to the complaint: "If her C-1 vertebral fracture worsens, or becomes more unstable, she could be paralyzed from the neck down and will not be able to breathe without a respirator." Her two-year-old suffered serious head trauma and also requires ongoing medical attention.

Mr. Merson, who is also Managing Partner of Kline & Specter's New York office, stated, "The City and defendants in this case must be held accountable for what they have done to this loving, courageous family, and they must take seriously through corrective actions their responsibility to keep all New Yorkers and Central Park visitors safe from dangerous falling trees and branches."

Mr. Kline added, "The physical evidence – including severely diseased parts of the tree – proves the case. It should have been obvious upon inspection by the defendants that the tree that fell on Anne Monoky was beyond life support. It was a hulking, 75-foot, several ton structure that could snap at any time on anyone. Those responsible for its maintenance knew or should have known that was the case and taken action long before Anne and her precious boys became its victims."

SOURCE Kline & Specter