The family of a woman killed by a falling limb in a Zephyrhills park is willing to settle seven claims against the city.
By SEUNG MIN KIM
Published August 5, 2005
ZEPHYRHILLS - Relatives of a Zephyrhills woman killed last month by a falling oak tree in Zephyr Park have filed notice that they plan to sue the city.
Nancy Booth, 62, was resting on a park table with two of her five adult children on July 18 when a branch from one of Zephyr Park's Civil War-era oak trees snapped and fell, trapping her against the bench and killing her. A third adult child was nearby and rushed to the scene. "Mrs. Nancy Booth was killed as a result of a rotting tree falling on her, which crushed her to death," stated a letter to city officials from the family's attorney, Clinton Wallace of Lakeland. "The rotten tree overhung the park table at which she and her family were picnicking."
According to the letter dated Tuesday, the Booth family is making seven claims for damages in connection with the July 18 accident.
In addition to two claims of wrongful death on behalf of Nancy Booth's estate and her husband, Charles Booth, the family also leveled two personal injury claims against Zephyrhills for children Glenn and Callie's injuries from the accident.
The Booths also claim three counts of negligent infliction of emotional distress on behalf of Glenn, Callie and David, the third child at the scene, whose viewing of their mother's "untimely" death caused emotional distress, Wallace wrote in the letter.
The family wants to settle all seven claims against the city, according to the letter. Relatives did not specify how much money they want from the city, and Wallace was out of the office Thursday and could not be reached for further comment.
Attempts to reach family members on Thursday were not successful.
City Attorney Karla Owens said the Booths won't be able to file a lawsuit for six months because state law requires that the family give Zephyrhills at least that much time before filing.
Meanwhile, city officials have contended that the fatal strike was an unpreventable freak accident and that Zephyr Park's more than 500 trees are cared for and maintained regularly, a position they echoed Thursday.
"It wasn't a rotten tree, appearing from the outside," said Zephyrhills City Manager Steve Spina. "We're very sorry it happened, but we didn't feel we were negligent in this instance."
The nightly stroll in Zephyr Park with her children was a tradition Kentucky native Nancy Booth adored, family members have said. The group would ride bicycles around the lake and rest at the small picnic table shaded by the centuries-old oak trees that twist and wind amid the park benches and playground equipment.
After workers sliced off chunks of the oak tree the day after Nancy Booth's death, a rotten core could be seen on the 4-foot-wide stump, but at least a foot of healthy wood remained around the edges of the decayed area.
Zephyrhills police Chief Russell Barnes said Thursday he hadn't received autopsy reports that would reveal Nancy Booth's cause of death, but otherwise the investigation into the incident was closed and authorities have determined it as accidental.
