Portland reaches settlement in wrongful death lawsuit over man crushed by tree in 2020
PORTLAND, Ore. (KOIN) — The Portland City Council approved a $225,000 settlement Wednesday for a wrongful death lawsuit involving a man who was crushed by a falling tree limb in Powell Park on June 25, 2020.
The victim, 45-year-old Jonathan Nichols, was crushed to death when a limb, approximately 25 inches in diameter, broke off from a heritage red oak tree and landed on the man’s van.
“The tree limb, which extended across city street, landed on [the] decedent's parked van, killing him through compression asphyxia and injuring another occupant of the van,” the lawsuit states.
City attorneys advised the Portland City Council to approve the settlement after Risk Management Services determined that the City of Portland could be found liable if the case reached a jury. The lawsuit, which was filed on behalf of the victim’s mother, Pamela Nichols, initially sought a compensation of $2 million, the Oregonian first reported.
“In order to avoid the risk of an adverse jury award, it is prudent to compromise the lawsuit at this time,” the city council agenda read.
Mayor Ted Wheeler, and Commissioners Rene Gonzalez, Carmen Rubio and Dan Ryan approved the emergency ordinance. Commissioner Mingus Mapps was absent for the vote.