Trial Magazine

The Philmont Country Club had a 100-year-old oak tree located 23 feet from the cart barn and clubhouse—both high-traffic areas. During a severe thunderstorm, the tree came down over the cart barn, causing its roof to collapse on head golf pro Justin Riegel. Riegel, 38, suffered fatal injuries. He had been earning approximately $68,000 annually, plus commissions, and is survived by his girlfriend and minor child, who was not yet born at the time of his death.

Riegel’s estate sued Concert Philmont, LLC, Concert Golf Management LLC, and Concert Golf Partners Holdco, LLC—which, at different times, had management agreements with Concert Philmont—alleging failure to maintain the tree. The plaintiff asserted the tree had a massive canopy that acted like a sail and caused the tree to lift up out of the ground. Suit also alleged the country club had insufficient weather preparedness, including a lack of subscription weather services and devices to alert the club to oncoming storms.

One of the defendants argued it had been Riegel’s employer and was therefore immune. The two management companies asserted that the country club was the decision-maker regarding tree maintenance.

The jury awarded the estate more than $9.12 million.

Citation: Hannon v. Concert Philmont, LLC, No. 220501260 (Pa. Ct. Com. Pl. Phila. Cnty. Aug. 29, 2024).

Plaintiff counsel: AAJ members David L. Kwass and Michael Zettlemoyer, both of Philadelphia.

Plaintiff experts: John Hosbach, tree care and maintenance, Ridley Park, Pa.; Michael Witiw, meteorology, Sammamish, Wash.; Heather Wilson, forensic accounting, Philadelphia; Wayne Ross, forensic pathology, Lancaster, Pa.; and Andrew Verzilli, economics, Lansdale, Pa.

Defense experts: Jason Miller, tree care and maintenance, Woodbury, N.J.; John Scala, meteorology, Lancaster; Douglas King, forensic accounting, Pittsburgh; and Gregory Davis, forensic pathology, Lexington, Ky.