Town Argues 'Act Of God' In Lawsuit About Tree That Killed Fairfield Man: Report

FAIRFIELD, CT — Fairfield is arguing in court filings that a fallen tree limb that killed 54-year-old David Schmerzler in 2019 on Sturges Highway was due to an "act of god" and not negligence, CT Insider reported.

Schmerzler's family sued the town, claiming that they had warned Fairfield officials about the potentially dangerous sassafras tree that eventually killed him. At the time of his passing, Schmerzler was reportedly president of the Fairfield-based country club, the Patterson Club.

Fairfield Tree Warden Jeffrey Minder testified in a deposition that he did not view the tree as an immediate hazard.

It fell as a result of an "extraordinary storm," which was due to an "act of god," the town claims.

Read the CT Insider story.