Couple Whose Baby Was Killed By Falling Branch Sues City

Mother Karla DelGallo and child Gianna Ricciutti. (Via Facebook)

Almost a year to the day after a tree branch fell and killed their 6-month-old daughter in Central Park as they were having their picture taken, the couple is suing the city, the Central Park Conservancy, the zoo's management company, and the tree experts who were supposed to perform tree work in the park. Michael Ricciutti, the father of Gianna, whose death was called a "tragic" accident by Mayor Bloomberg, told the Post, "We hope and pray that the city takes responsibility for the dangerous conditions it created in its parks and in its zoos. We just hope that it doesn't happen to anybody else's family."

Ricciutti recalls how quickly the incident happened, and the horror of watching his daughter and his wife Karla Del Gallo struggleunder the weight of the tree limb. "It seemed like a split second," he says, "I looked up and looked down and that was it. My daughter and my wife were on the ground. [Karla] was trying to move a little bit, and yell out. I knelt over Gianna, and was trying to pick her up." Gianna was pronounced dead at the hospital, and Del Gallo lay in a medically induced coma. When she awoke, Del Gallo "had no idea she was hurt at all, or that [Gianna] had died," and since has had "far too many surgeries and injuries to list." Del Gallo now can barely walk under her own strength, and says, "Cognitively, I'm not where I was…I'm thankful that I have a wonderful husband who's stayed with me."

Ricciutti and Del Gallo lived in Union City, New Jersey and were married for two years before Gianna's birth. They say they still can't bear to look at the last photo taken of their child. "She didn't get to call us Mom and Dad. She can't go to school. She didn't get to take her first steps. So much was taken from her," Ricciutti says. The Central Park Conservancy and the company that manages the zoo have failed to release maintenance records relating to the Honey Locust tree, although tree experts note that the branch most likely fell due to "sudden branch drop," which occurs on days of high humidity and low wind. Two people have died and three have been injured critically in the last two years from falling tree limbs.

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By Christopher Robbins in News on June 26, 2011 5:25 PM

Comments [rss]

Monica McLaughlin

The Central Park Conservancy is a very, very wealthy organization. Revenues in 2009 alone were $45,000,000 (45 million dollars). They have assets of $187,000,000 (187 million dollars). This is all tax free income. No park animals will suffer if the Conservancy is found responsible or decides to settle. Tree maintenance is the responsibility of those who care for the park. If the tree branch fell despite sufficient tree maintenance there will be no finding of negligence.

FU Boy

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ness800

Did everyone forget the mom was in a medically induced coma. She was probably in the hospital for a while, takes a bunch of meds now, has to go back for routine checkups and whatever. These things aren't free- she has every right to sue for all those medical bills. The baby was young, they can have another but it may take a while if she is constantly undergoing surgeries and whatever.

Unkle_Bob

So... she's in bad shape. How does that give her rights of any sort?

JRod5417

Its easy enough to come up with a theory for liability (negligence for failure to maintain the parks, etc.). You really don't need much to file a tort claim. The City gets sued all the time for crazier stuff than this and they will probably pay out to avoid the press and expense of a suit. However, people who say they wouldn't sue if their kid and wife got crushed by a tree because they don't want too inconvenience society are lying to themselves. Basic human nature is that people who have been harmed want vengeance and retribution even where none is to be had. That is why we have a legal system, for better or worse.

FU Boy

Perhaps. As I said above I don't know if I would sue in this position, and I don't want to be put in it to find out. But I know I don't fly into a stupid rage when a drip of rain hits my head, and I know not to blame someone for something that's not their fault.

That being said - it sounds like they're just going for a payday on grief. If they want a sports car bought with their daughter's blood money, that's up to them.

petercow

Agreed.

I'm not saying these people are going to prevail, nor based on what I've heard so far, that they should.

Everyone hates lawyers, until they're the injured party. So let them bring suit. The city's lawyers get paid the same whether these people do or not.

As I've mentioned in other posts, about 15 years ago, I was the foreman on a jury, wherein a mugger got his foot cut off by a subway train, after jumping onto the tracks to escape. He got an artificial foot in prison.

And he was suing the T.A. http://bit.ly/lEJevD

HypocraticOath

How come they aren't suing the tree?

Steven Harris

Suing...to buy a new baby? Please tell me how the city is responsible for mother nature.

JRod5417

I'm sure that any of you in the same position as this couple would not hesitate one second to sue the pants off the City. Don't even lie. Will the money bring back their daughter and restore the mother's health? NO. But there is such a thing as wrongful death that the law provides damages for. Why should they care about how this increases taxes for NYers when they live in Jersey? You people lack common sense.

fleur_de_lis

if a truck hit them or something they could sue but this was a tree branch falling! how the hell could anyone be blamed for that? it's not the city's fault at all. these people are ridiculous to sue the city. it really sucks what happened to their daughter but this is really greedy and disgusting that they're doing this.

FU Boy

People have been unsuccessful in suing tobacco companies for damages. And that's a product they manufacture with the knowledge that it is harmful.

We're talking about a tree here. Something that grows and decays and can get damage by wind. So what is NYC's liability? How can it be proven that this is is NYC's fault when it can't be proven that selling toxic carcinogens packaged as cigarettes is not a liability?

Would I sue? I don't know. I'd like to think I wouldn't and I hope I'm never in this position. And yes, the city will probably toss them some cash to shut them up. But it'll be because they're being whining, vocal opportunists, not because they lost their child.

petercow

If for example, it could be proved, that someone had informed the city, or the Conservancy of the branch being a danger, and the city did nothing..

FU Boy

It is a possibility -

But I've been in central park after a good storm - with trees down. Could I also sue NYC for planting trees that couldn't stand a good hurricane if I got crushed by one while jogging?

Monica McLaughlin

If the city failed to maintain the tree, they will be found to be negligent. I am not sure what maintenence is but it probably includes pruning and checking for loose branches. So depositions will be held and all sorts of documents will be produced and from that it will be decided whether or not those who care for the park were negligent.

FU Boy

And, since those are primarily union workers, there's no way those records could be false or benefit those who they were about? No chance for being altered in the year since this happened - no way to protect fiscal interests?

roknrolla

Negligence will not be proven.

fleur_de_lis

this is so sad. I was on vacation in nyc last year and I remember hearing about it on the news the day it happened. so so sad. but it's a tree. the tree broke and the branch fell. it's a really really unfortunate freak accident. there isn't really anyone to blame though, and I think it's kind of gross that these people are trying to get money. it's so so sad and horrible but the couple is coming off as greedy...

petercow

Very few things in life are true "accidents", or "acts of God". The space-shuttle disasters are perfectly good examples of things that could have been averted.

This case though, though heartbreaking, does in fact appear to be just that - an accident.

Monica McLaughlin

The City has a responsibility to maintain the park's trees. This maintenance most likely includes checking for loose branches and pruning. It is very possible that this incident could have been avoided.