A mother whose 14-year-old son was killed in 2021 when a massive tree branch crashed down on him during a storm-battered volunteer event has settled her $29 million lawsuit against his school and the nonprofit behind the outing.
Eileen Kelly filed the lawsuit shortly after the death of her son Christopher Robert Declan Kelly, a freshman at Central Catholic High School in Southeast Portland.
The case had been due to go to trial next week in Multnomah County but was abruptly resolved earlier this year, according to court documents obtained by The Oregonian.
The high school and the tree-planting group Friends of Trees have shelled out more than $1.2 million in legal fees to the mother’s attorneys with Pickett Dummigan Weingart LLP, per court records.
Because the settlement agreement is confidential, it’s unknown precisely how much Kelly’s mother received. Lawyers finalized the settlement in February.
In these types of cases, lawyers are typically only paid when they win. Based on the industry standard, they often take about a third of the settlement money, so in the case of Kelly’s mother, she may have received about $2.4 million.
Kelly, a ninth grader, had been taking part in a volunteer day at the Sandy River Delta, known locally as Thousand Acres. He did this to get his required community service hours to graduate.
On November 6, 2021, he was planting trees alongside about 20 other students and staff when a storm brought strong winds, heavy rain and thunderstorms to the area, according to court records. Roughly 30 adults were also at the public event.
Christopher Robert Declan Kelly, 14, was killed in 2021 after a tree branch fell on him during a community service event that was held during a storm. His mother, Eileen, sued the high school and the nonprofit behind the event for $29 million. She reached a settlement earlier this year
Pictured: A fallen tree from the Sandy River Delta, where Kelly was planting trees, the day he died on November 6, 2021
The lawsuit claims organizers ignored guidance from the National Weather Service urging people to seek shelter during storms and wait at least 30 minutes after the last thunderclap.
As conditions worsened, Kelly continued planting when a huge section of a black cottonwood tree about 52 feet up suddenly snapped and struck him in the head.
He was still alive when emergency crews were called, but he later died at the scene.
On the same day, two men were also struck by falling branches elsewhere in Portland – one fatally – as the storm tore through the area.
Kelly’s obituary paints the picture of a bright, determined teen who had recently left foster care to join his adoptive family, including his two sisters.
He had attended Holy Cross Catholic School, loved Scouts and taekwondo, and strived to earn a black belt. He was also known for excelling at math and his fondness for dad jokes.
