Victims in fallen tree incident in Orange sue property owner

From left, plaintiffs Danyelle Bushee, Brittany Bushee and Melissa Chiasson join attorneys John McCarthy and Michael Kelly during a press conference in Boston on Tuesday morning to discuss their lawsuit after a neighbor’s tree struck them in August, causing serious injuries.

From left, plaintiffs Danyelle Bushee, Brittany Bushee and Melissa Chiasson join attorneys John McCarthy and Michael Kelly during a press conference in Boston on Tuesday morning to discuss their lawsuit after a neighbor’s tree struck them in August, causing serious injuries. CONTRIBUTED PHOTO

By ANTHONY CAMMALLERI

Staff Writer

Published: 11-13-2024 2:30 PM

ORANGE — Three women who suffered serious injuries after being hit by a fallen tree in Orange in August are suing a property owner for negligence, arguing that he neglected to remove the “decaying” tree.

According to Orange Police Chief James Sullivan, on Aug. 9, Danyelle Bushee, of Orange, was next to a parked car in her driveway outside 24 Maple St. with her sister Brittany Bushee and Melissa Chiasson, both of Athol. At around 4 p.m., Sullivan said a tree that was “planned to be taken down,” fell on the back of the vehicle and injured all three women.

“Brittany Bushee was sitting on the front porch stairs. I noted a significant amount of blood coming from her head. She had difficulty speaking and kept closing her eyes as if she wanted to sleep. She was unable to provide me her date of birth but was able to communicate that her pain was an ‘8’ on a scale of 1-10,” Orange Police Officer Benjamin Kovacevic wrote in the police report. “The third patient was identified as Melissa Chiasson. She, too, had a head injury and was bleeding from her wound. Melissa never lost consciousness, unlike Danyelle and Brittany.”

On Monday, the three plaintiffs, represented by attorney John McCarthy of Michael Kelly Injury Lawyers of Boston, filed a lawsuit against Peter Rocklin, who owns the neighboring home where the tree was located. The lawsuit alleges that Danyelle Bushee suffered a traumatic brain injury causing loss of consciousness and requiring intubation and admission to inpatient hospital care for about two months. She also sustained broken vertebrae, fractured ribs and a broken femur requiring surgery.

Brittany Bushee, the lawsuit states, suffered a traumatic brain injury causing memory and hearing loss. Chiasson suffered an abrasion to her head, a sprained shoulder, knee injuries and a neck injury requiring ongoing physical therapy.

The lawsuit seeks to recover damages related to indefinite medical expenses; serious bodily injuries causing physical pain, disfigurement and impairment; mental anguish and emotional distress; as well as loss of earnings.

“The plaintiffs have experienced unimaginable suffering and pain due to the extreme negligence of Mr. Rocklin,” McCarthy said in a statement. “These injuries were caused by Mr. Rocklin’s careless and reckless disregard for this danger presented. With basic maintenance and attention to the property, this was entirely preventable.”

Rocklin could not be reached immediately for comment on Tuesday.

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At a press conference in Boston on Tuesday morning, the three plaintiffs joined McCarthy to discuss the incident publicly. McCarthy said that prior to the incident, another tree from Rocklin’s property had also fallen. In his opening remarks, attorney Michael Kelly said Rocklin initially spoke to attorneys by phone about the incident, but later “blocked their numbers.”

Brittany Bushee, who said she worked as a nurse’s assistant at the time of the incident, said she cannot work for the “foreseeable future” because of her injuries and her commitment to providing her sister with at-home care.

“It’s really a miracle that all of us made it through alive, breathing, able to walk,” Brittany Bushee said. “Make sure you get your trees taken care of. If it looks unsafe or like it’s starting to rot … cut it down.”

Danyelle Bushee said Rocklin’s property is a rental, and that she often sees trees on the property fall down.

“I hit something when I fell down, so my brain was hanging out,” Danyelle Bushee said. “Life is really tough. I can’t get up myself, I can’t do anything for myself. … It’s tough because I was very independent before.”

   Anthony Cammalleri can be reached at acammalleri@recorder.com or 413-930-4429.