A city of St. Louis jury has awarded more than $1.5 million to a man who was seriously injured after being struck by a fallen tree branch while seated at a Lindenwood Park bus stop — but the award was subsequently reduced by nearly seven figures to comply with the statutory cap under state law on liability by public entities.
The verdict came at the conclusion of a late February trial in a lawsuit brought by Phllip Lacey, who was sitting on a park bench near a bus stop at the city park’s northwest corner in June 2022 when he was hit by large branch that fell from a pin oak tree.
Plaintiff’s attorney Alex Wolff said his client’s injuries included a fractured skull, fractured orbital bones, fractured neck and a fractured right ankle. The assistant city counselor who represented the city at trial did not respond to requests for comment.
“The most significant evidence was that there is a city ordinance that requires the Division of Forestry to have a written plan and process for inspecting and inventorying trees,” Wolff said. “The city was not able to produce such a plan and the commissioner, Alan Jankowski, did not know about that either.
“Simply put, the city has a very reactive plan for dealing with trees and is not proactive at all. The city plan, if you can call it that, is to wait for Citizen’s Service Bureau requests on trees — then address those and look around the area if they have time.”
In a March 19 order, Circuit Judge Timothy Hoyer reduced the $1.54 million jury verdict to $517,306, under the statutory cap on public liability.
RELATED: Click to search for and submit your Verdicts & Settlements
$1.54 jury verdict for plaintiff
Premises liability
Venue: City of St. Louis Court
Case Number/Date: 2222-CC09675/Feb. 26, 2025
Caption: Phillip Lacy v. City of St. Louis
Injuries alleged: head, brain, neck, shoulder, arm, elbow, wrist, hand, leg, knee, ankle, foot
Injuries detailed: fractured skull, fractured orbital bones, fractured neck, fractured right ankle
Plaintiff’s expert: Christopher Larson, Robson Forensic, Chicago (master arborist)
Defendant’s expert: none
Judge: Circuit Judge Timothy Hoyer
Plaintiff’s attorneys: Christopher Saracino (lead) and Alexander Wolff, Goldblatt + Singer, St. Louis
Defendant’s attorney: Curtis Haynes, City of St. Louis