Former New London tree warden testified city never regularly pruned its trees
Jun. 21—NEW LONDON — A half-century-old oak tree that collapsed on Ocean Avenue in 2019, allegedly causing serious injuries to a pedestrian, hadn't been trimmed or pruned in more than two decades, the city's former tree warden testified during a 2023 civil lawsuit deposition.
In his testimony, David DeNoia, who along with the city was sued by plaintiff Joseph Zoubek, said no routine or rotational tree maintenance had been done in New London in the 22 years since he was hired, court documents show.
The dates and details of the lawsuit line up with information previously provided by and discussed by city officials in past weeks as part of a recommendation to dismantle a dormant Shade Tree Commission and scrap a set of 14-year-old tree maintenance standards.
In making the May recommendation, city Law Director Jeffrey Londregan cited a "large adverse judgment" paid out late last year by the Connecticut Interlocal Risk Management Agency (CIRMA), the city's insurance carrier, and references a negligence case brought forward by an individual injured by a tree that fell during a storm.
Londregan said the 2010 tree standards rules made tree maintenance in New London a "ministerial act," or required one, rather than a discretionary call, which prevents the city from relying on a governmental immunity clause if sued in a tree-related incident.
That maintenance section lays out specific tree management standards, including the pruning of all shade trees at least every 10 years. The city is also required to correct any public tree hazards caused by growth, age or disease under the rules.
That case prompted CIRMA to recommend the city abolish the standards document and the commission to reduce the city's liability exposure and instead rely on state statutes and the discretion of its tree warden on matters involving trees, as most other municipalities do.
An initial October 2023 complaint filed on behalf of Zoubek by Attorney James M. Barnes, of the Reardon Law Firm, states Zoubek was walking in the area of 1065 Ocean Ave. on Oct. 17, 2019, when a 75-foot pin oak fell and struck him, causing "multiple blunt impact injuries," to his face and fractures to his leg and ankle.
Barnes argued the tree fall was the result of "negligence and carelessness" by the defendants who failed to inspect or maintain an unsafe tree — as required by the Shade Tree Commission standards.
In his testimony, DeNoia, who retired the same month he was deposed, stated the city had not carried out any regular pruning of its trees since at least 2001 and had no recollection if the fallen oak had ever been maintained.
DeNoia denied any allegations of negligence or carelessness in an answer document filed by his lawyers at the Williams, Walsh & O'Connor law firm. The firm also argued some or all of Zoubek's claims were prohibited under the discretionary governmental immunity doctrine.
Director of Public Works and acting Tree Warden Brian Sear on Friday said the city has, since he was hired in 2015, conducted tree inspections and maintenance "as resources allow," a description Mayor Michael Passero concurred with.
In a plaintiff compromise offer filed in March 2023, Zoubek offered to settle the case for $375,000. A judgment of dismissal was ordered by New London Judicial District Judge James Spallone in December.
Barnes on Friday said he was not at liberty to discuss the outcome of the Zoubek case, or if there was any settlement reached. He would only say the case is no longer pending.
Londregan on Friday clarified a settlement ― not judgment ― agreement was reached in the lawsuit, but a confidentiality clause prevents releasing the monetary details of the agreement.
CIRMA officials did not return calls for comment on the lawsuit.
