PORTLAND, Ore. (KOIN) – A mother in Portland filed a $29 million wrongful death lawsuit against the local nonprofit Friends of Trees and Central Catholic High School after her son was struck in the head by a falling tree, leading to his death during a student volunteer event in 2021.
The lawsuit, filed Oct. 10 in Multnomah County, alleges the nonprofit and the school were negligent in the event’s planning, leading up to 14-year-old CCHS student Christopher Kelly’s death.
The incident happened Nov. 6, 2021, when Kelly volunteered for the Friends of Trees event to plant trees in Troutdale’s Sandy River Delta — which would give him community service hours to count toward graduation requirements.
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About 25 students, two CCHS staff members, and three Friends of Trees staffers — including an intern — were at the event.
The lawsuit claims before the event, there were weather warnings around the metro area, including a National Weather Service warning of showers and a slight chance of thunderstorms that morning.
“A simple safety maxim espoused by the NWS is: ‘When Thunder Roars, Go Indoors,’” the lawsuit noted, adding the NWS recommends outdoor event organizers have a weather safety plan for these conditions.
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Kelly’s planting site was along a wooded area with surrounding Black Cottonwood trees, with many of them 80-100-feet tall, according to the lawsuit — stating the species is known for its brittle wood, making the trees more prone to breakage in windstorms.
Throughout the morning, weather conditions steadily worsened, the complaint stated, with thunder reported about 1.1 miles away from the Sandy River Delta parking lot.
Highlighting the worsening conditions, the lawsuit pointed to a report from the Portland Police Bureau at 10:45 a.m., reporting a tree branch fell on an encampment in Parkrose, killing one person and injuring another. Fifteen minutes later, Troutdale Airport reported 37-mph wind gusts, the lawsuit noted.
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During the volunteer event, students who did not have sufficient weather gear were huddled under a tent outside with one of the tree Friends of Trees employees.
Kelly was outside planting shrubs and trees just off the trail around 11:15 a.m. when he was hit on the head by the upper trunk section of a Black Cottonwood tree that broke from the lower trunk during the storm.
One of the CCHS chaperones working nearby found Kelly lying face down on the ground, bleeding from his head, the complaint said, noting he was still breathing before first responders arrived but died at the scene.
The lawsuit said Kelly died from multiple injuries, including a scalp laceration, skull fracture, and crushing head injury.
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The lawsuit alleges Friends of Trees and CCHS failed to create a safety plan for thunderstorms that follows recommendations from NWS and the National Oceanic and Atmospheric Administration, which includes moving people inside buildings or in metal vehicles and staying sheltered for 20 minutes after the sound of thunder.
Additionally, the lawsuit claims the defendants failed to inspect the tree planting site before the volunteer event, failed to monitor the weather forecast before and during the event, and failed to reschedule the event because of the conditions.
Friends of Trees told KOIN 6 News the nonprofit is “devastated” from the tragic incident, but said they cannot comment on the legal matter.
CCHS also declined to comment on the lawsuit, noting “Our community was deeply saddened by the tragic death of freshman Christopher Kelly in 2021 and continues to share our sympathy with the Kelly family.”
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