Lamar McGlothurn’s parents arrived to pick up the 8-year-old from summer camp in Calabasas but instead watched as he was crushed by a giant tree branch.
The branch killed Lamar and injured four others on July 9 as he was attending Camp Wildcraft at King Gillette Ranch, which is managed by the Mountains Recreation and Conservation Authority.
His parents allege that the death was not a random accident but a preventable tragedy given that there had been warnings about the decaying condition of the oak tree and another large branch had fallen from it several days prior.
Now they are taking legal action against the camp and the MRCA and filed a government claim on Monday, which is a required precursor to filing a lawsuit against a public entity in California.
The claim alleges that both the MRCA and the owners of Camp Wildcraft knew branches were dangerously dropping from the tree.
“And yet, Camp Wildcraft and MRCA inexplicably directed groups of young children to play, paint and rest directly under the tree,” states the claim. “That is exactly what Lamar was doing when he was tragically killed by the falling branch.”
The MRCA said in a statement that it would review the claim and complaint and respond appropriately but declined to comment further on the incident as it is the subject of active litigation.
“From day one, the MRCA has been committed to a full, thorough, and transparent inquiry, with a proposed action plan to ensure that a tragedy like this never occurs again,” stated the authority. “That investigation remains open and ongoing, and the MRCA continues to cooperate fully with all parties involved.”
Shari Davis, co-owner of Camp Wildcraft, declined to comment on the litigation.
In a statement posted on their website in July, the camp extended “heartfelt condolences” to everyone affected by the accident and “especially to the family of our beloved camper who lost his life.”
“Camp Wildcraft is a small, family-run business rooted in a deep love for nature, creativity, children and community,” the statement continued. “What happened is beyond anything we could have ever imagined.”
On July 2, another branch fell from the exact same tree and the MRCA hired a tree company to remove it, according to the claim.
The following day, the MRCA division chief wrote in an email, “Wow. That was a massive branch. Thank god no one was seriously hurt or killed.”
The chief then thanked staff for taking care of the July 2 branch, writing, “I would not have been able to sleep at night knowing that branch was just waiting to fall,” according to the claim.
“Arboricultural industry standards, best practices and common sense call for the area surrounding a dangerous tree to be blocked off if the tree poses a threat of harming people,” states the claim. However, no one stopped children from gathering under it, the claim alleges.
Tree experts later inspected the tree on behalf of Lamar’s family and found significant deterioration including previous limb losses and signs of internal decay, the claim states.
The claim alleges that, based on the visible defects, a prior branch having fallen and the fact that the tree was in a place where people would foreseeably gather, the accident was a “preventable tree failure, not a spontaneous or unforeseeable act of nature.”
The MRCA has 45 days to respond to the claim, after which the family can move forward with a wrongful death lawsuit and seek damages.
The parents’ attorney, Robert Glassman, said in a statement that camps have a responsibility to assess the safety of places where kids play, and public entities should not turn a blind eye to obviously dangerous conditions.
Gomez Landscape & Tree Care is also a defendant in the claim and could not immediately be reached for comment. The company was hired to remove the branch that fell on July 2 and expressed concerns about the tree’s decay to the MRCA, according to the complaint.
“A deadly decaying branch hung over children’s heads, and no one acted,” said Glassman. “Lamar had to pay the ultimate price because of their indifference and inaction.”
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