Idaho family sues Forest Service for $1M after tree hit son

BOISE, Idaho — An Idaho family has sued the U.S. Forest Service demanding more than $1 million after a large dead tree at a remote campsite fell and injured their young son.

Richard and Melinda Armstrong, of Caldwell, said their family was camping in the Boise National Forest in September 2010 when a gust of wind blew over the dead tree. It fell on their son, resulting in a large laceration, a compound fracture and a puncture wound in his back that impaired his breathing.

The boy, who was 6 at the time, was taken by helicopter to a hospital in Boise.

The couple said the Forest Service was negligent because it didn’t remove the tree, which was a hazard. They’re suing for more than $1 million in damages and emotional stress in federal court.

“The tree was clearly dead — had been dead for years — and was within eight feet of the fire ring, and within 48 feet of the Forest Service road,” said Eric Rossman, their attorney in Boise, on Wednesday. “It was an obvious hazard.”

Rossman said the Armstrong’s son has undergone multiple surgeries and suffered “severe permanent impairment” of his leg.

David Olson, spokesman for the Boise National Forest, cited agency policy that prevents comment on pending litigation.

At issue is whether the federal agency had a responsibility to ensure that a site where people frequented and was near a public road was adequately protected from a potentially dangerous tree.

There have been similar lawsuits elsewhere, including an Oregon man who sued the Forest Service in 2010 after he was struck and injured by a tree while driving in his truck. That case was settled earlier this year and has been dismissed.

The Armstrongs’ camping trip took them about 50 miles north of Boise, to a remote Forest Service road east of the hamlet of Ola in Gem County. They contend the place along Squaw Creek where they were overnighting was, in fact, a developed campsite, according to the Forest Service’s definition.

But even if the campsite was not considered to be developed, according to their complaint, the improvements there, including a fire ring made of rocks, and the Forest Service’s knowledge that it was a place where people camped regularly created a duty for the agency “to take immediate measures to inspect and remove the tree, close the site and/or warn user at the site of the serious risk of injury, death or property damage.”

Talk to us

More in Local News

A 1.2-mile stretch of 236th Street NE near Arlington will be fully closed May 31 through Sept. 2 for a road project. (Stillaguamish Tribe of Indians)
Months-long closure ahead for 236th Street NE near Arlington

The Stillaguamish Tribe of Indians is widening lanes, adding a separated shared path and improving wildlife crossings.

Nate Nehring (left) and Sam Low.
Snohomish County’s LGBTQ Pride proclamation gets no GOP support

Councilmember Nate Nehring said it would violate his “personal conscience” by “celebrating particular lifestyles.”

Denny’s employee hospitalized after shooting south of Everett

A group of people was asked to leave. Someone fired a gun. A suspect was arrested.

Everett
2 teens arrested after Everett shooting, 100 mph chase

A young man was shot in the leg at an apartment near Voyager Middle School, where kids were being released for the day.

Everett
Pair identified in apparent murder-suicide in Everett

Police believe a man killed a woman, then himself. No arrests were made. No suspects were believed to be at large.

Law enforcement stand guard at the front driveway to Cascade High School as multiple agencies attempt to track down a suspect who reportedly had a firearm near campus Friday, May 27, 2022, in Everett, Washington. Dozens of concerned family members arrived to the school and stood along Casino Road waiting to find out what was happening. An airsoft pistol was recovered during a security sweep. (Ryan Berry / The Herald)
Apparent threat at Cascade High turned out to be airsoft gun

Two Everett schools went into lockdown Friday as police conducted security sweeps of their campuses.

Hydraulic fluid from a Waste Management garbage truck damaged roads in Mountlake Terrace June 23, 2021. The company hired crews to put absorbent material on the fluid and swept it, but several areas need to be repaired this year. (Mountlake Terrace)
Truck leak prompts 2 miles of road work in Mountlake Terrace

About 50 gallons of hydraulic fluid spilled from a Waste Management garbage truck last June.

Everett
Homicide suspect arrested in separate murder-for-hire sting

New court papers connect Selvin Rosales-Sevilla, of Mountlake Terrace, to the killing of Kevin Nieto Mejia at Ebey Island.

Logo for news use featuring Snohomish County, Washington. 220118
Bird flu comes to Snohomish County, via backyard flock

Where exactly was not immediately released. But flock owners should be vigilant to prevent further spread of the virus.

Most Read