The family of a NYCHA worker killed by a fallen tree during a nor'easter in September is taking legal action against New York City and its Parks Department.
News 12 previously reported that 56-year-old Leighton Brown was picking up an extra shift on Euclid Avenue as a NYCHA worker to help during the nor'easter when the tree fell on him and killed him.
The family filed a $75 million notice of claim. It alleges that the City and NYC Parks were notified about the tree's dangerous condition and failed to take action.
"There was a tree that fell almost seven hours earlier, in this same cluster. So it was a known hazard. They failed to remediate it timely. And unfortunately, Mr. Brown lost his life because of it," said Attorney Nicholas Liakas.
The claim alleges the city and Parks Department were “negligent, careless and reckless” in the maintenance of the tree.
Brown's son Leighton Brown Jr. says he was a hardworking man loved by everyone in the community.
“He loved the job so much. To the point he gave his life for it," said Brown Jr.
Brown leaves behind a wife, five children and two grandchildren.
“It's still taking a lot for me to cope. It took a while for me to. Even for his wife and other people in our family. It's taken a lot on us," said Brown Jr.
Brown Jr. says the family's grief is worsened by the idea that something could have been done.
"This could have been prevented for a very long time, even before the storm," said Brown Jr.
With another nor'easter on the way, residents like Shante Calloway say it's reigniting neighbors' fears.
"It could be any one of us living here. And it's totally upsetting. Stressful that this man's life was shortened. Just hope and pray that no one else gets hurt from these storms," said Calloway.
The action also demands that the City keep the remains of the tree for inspection along with any records, work orders, 311 complaints, and police officer body camera footage.
The City's legal team tells News 12 they will review the claim.
Liakas says they are waiting on a 50-H hearing where the city and parks department can ask questions, and he says from there the lawsuit will be filed in the next three to six months.