NJ Responsible For Tree That Killed 12-Year-Old, Lawsuit Says

LAWRENCEVILLE, NJ —The parents of a Lawrence Township boy have sued the NJ Department of Military and Veterans Affairs (DMAVA) after a rotted tree from their property fell on the 12-year-old and killed him.

On Oct. 14, 2024, Lucas Schwartz was playing with his 8-year-old sister in the backyard just after noon when the tree was blown over by gusty winds, striking the boy and killing him.

Responding officers were able to free him from under the fallen tree and begin CPR. He was taken to Capital Health System – Regional Medical Center by Lawrence Township EMS, where he later succumbed to his injuries.

Exactly a year later, the Schwartz family has filed a wrongful death suit against DMAVA.

According to the lawsuit, the dead and rotted tree was approximately 40-50 feet tall and had split at the base prior to falling on Lucas and the swing set.

“DMAVA knew, or should have known, that the tree was dead and rotted before it fell onto Lucas Schwartz and killed him,” the lawsuit said.

“Instead of addressing the dozens and dead and rotted trees on DMAVA property prior to Lucas’ death, DMAVA actively and intentionally ignored the risk the dangerous trees posed to the public, including Lucas Schwartz.”

The Schwartz family home was adjacent to DMAVA’s property, but there was no structure between the tree that struck Lucas and the properties, the lawsuit said.

“DMAVA failed to put up any barrier or warning that its’ dangerous trees posed a risk of severe harm to the public,” the lawsuit alleges.

The lawsuit also said that the DMAVA had dozens of dead and rotted trees stumped, cut down, and/or removed within hundreds of feet of the Schwartz residence the week of Dec. 2, 2024.

The DMAVA Headquarters is surrounded by multiple public structures, including Central Park, Lawrence Township Playground, a school, a church, private dwellings, baseball fields, soccer fields, and historical landmarks.

The Schwartz family is being represented by Jason S. Weiss, Esq. And Morgan A. Kendall of Saltz Mongeluzzi Bendesky, P.C.

This case represents every parent's worst nightmare - Lucas died playing on his swing set in his backyard when he was violently struck by a dead and rotted tree. While we appreciate the public service that is provided to New Jersey constituents by DMAVA, they had a nondelegable duty to be sure their property was free and clear from obvious hazards and nuisances,” Weiss told Patch.

“Tragically, as is shown by their efforts to eradicate the danger immediately after Lucas' death, DMAVA failed to do so here. We anticipate a fair and transparent forum to obtain justice for the Schwartz family, including their surviving 8-year-old daughter who witnessed her brother's preventable death.”

The Schwartz family is seeking compensatory and punitive damages.

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