Man killed when tree fell suffered an accidental death, inquest finds

Cancer survivor, 30, who was more than four times the drink-drive limit when tree fell and killed him suffered an accidental death, inquest finds

• Lukasz Costazza died in 2015 when an ‘old, redding, dead’ willow tree fell on him
• Jurors determined the tree fell ‘due to gravity’ and ruled his death accidental 

A young cancer survivor who was more than four times the drink-drive limit when tree fell and killed him suffered an accidental death, an inquest has found.

Lukasz Costazza, 30, had been socialising with three friends in Low Hall Wood Nature and Conservation Area in Walthamstow, London in June 2015 when an ‘old, redding, dead’ willow tree fell on him. He died from severe head injuries.

Investigators spent years probing whether corporate manslaughter charges should be brought against Waltham Forest Borough Council and Gristwood & Toms, a tree surgery firm which was paid £405,000 a year by the council to manage the area.

No charges were ever brought as it was decided there was little realistic chance of a conviction.

Jurors have now determined the tree, which was in ‘extremely poor condition’, had fallen ‘due to gravity’ and ruled that Mr Costazza’s death was ‘accidental’.

Lukasz Costazza, 30, had been socialising with three friends in Low Hall Wood Nature and Conservation Area in Walthamstow (pictured) in June 2015 when an ‘old, redding, dead’ willow tree fell on him. He died from severe head injuries

Coroner Graeme Irvine deferred a decision on whether to issue a prevention of future deaths report for 28 days pending the council’s submissions about how the trees are now managed and what has changed in the last eight years.

The hearing at Walthamstow Coroner’s Court was told Mr Costazza was sleeping in an ‘almost foetal’ position when the tree fell on him on June 9, 2015, ‘crushing’ his head and neck.

He was breathing but unconscious in the immediate aftermath and blood was falling from his nose, mouth and ears, the inquest heard. His chest was moving slightly but he was ‘very weak’.

Paramedics were called and arrived within around 15 minutes, while police followed. Officials tried to save him but he was pronounced dead just after 9pm that night.

The tree had been in ‘extremely poor condition’ and the risks it posed ‘would have been obvious’ to anyone with expert knowledge, the inquest heard.

It had insect and fungal infestations as well as woodpecker holes and the area should have been subject to regular inspections but was not, the hearing was told.

David Gristwood, of Gristwood & Toms, told the hearing he did not believe the council contract covered work in the nature reserve where the tree fell, which the council disputes.

A toxicology report by Dr Rebecca Andrews revealed Mr Costazza had 360 milligrams of alcohol per 100ml of blood – meaning he was four-and-a-half times over the drink-driving limit.

No drugs were found in his system.

The jurors said in their conclusions: ‘On the evening of June 9 2015, a tree fell on Mr Costazza causing his death.

‘The tree in question was a willow that had signs of extensive fungal and insect infestation as well as wildlife damage.

‘It was in a very poor condition. The tree fell due to gravity. The falling tree caused severe injuries to Mr Costazza’s head and neck that led to his death.’

Paying tribute at the start of the inquest in a statement read out by the coroner, Mr Costazza’s family said: ‘He was hard-working, hearty, family-orientated and very helpful.

‘When he was 16 he won a battle with cancer despite having very little chance of surviving, so he really appreciated the second chance in life.

‘He was resourceful, we never really worried about him, he lived his own life.’

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