‘Miracle we’re alive’: 3 Mass. women severely injured when tree fell on them announce lawsuit

BOSTON — The lawyers for three Massachusetts women who were severely injured when a falling tree crashed down on top of them over the summer formally announced Tuesday a lawsuit against an out-of-state property owner who they allege is responsible for the near-fatal incident.

The lawsuit was filed in a Franklin County court by Boston-based Michael Kelly Injury Lawyers on behalf of Danyelle Bushee, of Orange, and Brittany Bushee and Melissa Chiasson, both of Athol.

The three women were standing outside Danyelle’s home on Maple Street in Orange on the afternoon of Aug. 9 when a tree plummeted and crashed into her driveway, inflicting catastrophic injuries to the three women, the lawsuit states.

The toppled tree left two of the three women unresponsive, including Danyelle, who required intubation after suffering a traumatic brain injury, broken vertebrae, fractured ribs, and a broken femur.

Bodycam video of response to treefall incident in Orange Handout video

Censored bodycam video showed emergency responders racing to tend to Danyelle, who was violently knocked to the ground.

Danyelle, who was working as a nurse at the time of the incident, now requires 24/7 at-home care, according to the lawsuit. She was the most critically injured of the three women and may never fully recover.

“I have a broken back, I have a broken neck. I’m probably going to have surgery, they said, in January,” Danyelle said at a news conference announcing the lawsuit.

Her sister, Brittany Bushee, spent three nights at UMASS Memorial with a fractured right skull and brain bleeding. She continues to suffer memory and hearing loss, rendering her unable to work for the foreseeable future.

“It’s really a miracle that all of us made it through alive,” Brittany said.

Chiasson suffered abrasions across her head and body in addition to shoulder and neck injuries, which have required ongoing physical therapy.

In the lawsuit, the three women allege that the “badly decaying” tree collapsed from 92 Mechanic Street, owned by Danyelle’s neighbor, Peter Rocklin, of Jersey City, New Jersey.

“Upon information and belief, Defendant Peter G. Rocklin is responsible for maintaining the property at 92 Mechanic Street, including monitoring and remedying any defective conditions of the premises,” the lawsuit states. “Upon information and belief, the fallen tree was decayed, and therefore defective.”

After the collapse, authorities reportedly stated the tree was “planned to be taken down” given its state of rot.

“There are trees falling all the time over there!” Danyelle exclaimed at the news conference. “There are tree branches today.”

The lawsuit seeks to recover damages related to indefinite medical expenses, serious bodily injuries causing physical pain, disfigurement and impairment, mental anguish, and emotional distress, as well as loss of earnings.

Attorneys for the women are still trying to serve the property owner with the lawsuit. Boston 25 News tried to reach out to Rocklin but hasn’t heard back.

Read the full legal complaint below:

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