Katherine Hannon, as Personal Representative and Co-Administrator of the Estate of Justin Riegel vs. Concert Golf Management, LLC et al
Case Background
On May 13, 2022, Plaintiff Katherine Hannon, as the Personal Representative and Co-Administrator of the Estate of Justin Riegel, filed a wrongful death lawsuit under Pennsylvania’s Wrongful Death and Survival Acts. Riegel, who died without a spouse, is survived by his infant son, HR, who is one of the beneficiaries in the case.
The defendants in the case include several business entities. Concert Golf Management, LLC, a Delaware corporation, operated Philmont Country Club in Huntingdon Valley, Pennsylvania. It was joined by its affiliated entities, FC Golf GP II, LLC, Concert Philmont, LLC, and Concert Golf Partners Holdco, LLC, all of which had management oversight of the country club and its operations. (hereinafter referred to collectively as “Defendants Concert”)
Additionally, Comprehensive Golf Solutions, LLC, and Shreiner Tree Care Specialists, LLC, were named for their roles in the maintenance and care of the property. Shreiner, a Pennsylvania-based tree service company, had performed tree care work at the club, while Comprehensive provided golf course management services.
Lastly, Green Golf & Turf, LLC, a Maryland corporation, also participated in the operations at Philmont Country Club. These defendants were collectively responsible for the management, maintenance, and oversight of the club, as well as the tree care that contributed to the circumstances surrounding the decedent’s death.
The case was filed in the Court of Common Pleas of Philadelphia County, Pennsylvania. Judge Damaris Garcia presided over this case. [Case number: 220501260]
Cause
On June 3, 2020, Justin Riegel, a 38-year-old golf professional tragically lost his life while working at Philmont Country Club in Huntington Valley, Pennsylvania. That morning, a large storm system moved into the area. Despite the looming weather, the country club opened its facility for play.
By 10:00 a.m., as the storm intensified, the club suspended all golf activities. During this time, the staff, including the golf professional, began storing golf carts in the cart barn. While he parked a cart, a large tree suddenly uprooted and crashed through the barn’s roof.
The impact pinned the professional beneath the tree and the rubble, leading to his untimely death.
Damages
As a direct result of the Defendants’ negligence, Justin Riegel suffered catastrophic injuries, ultimately leading to his death. This negligence deprived him of his life and his ability to earn a living.
The Estate of Justin Riegel sought damages for his loss of future earnings and earning capacity. On behalf of the Estate, the Plaintiff claimed all damages resulting from Justin Riegel’s death. These included the anxiety, fear, and severe physical and emotional pain he experienced before his death. The Estate also sought compensation for the loss of his life, future pleasures, and the total deprivation of his normal activities.
Additionally, the Estate sought damages for the loss of future earnings from the time of his death until the point he would have lived had he not died from his injuries. This included the loss of life’s pleasures, pursuits, and other intangible losses caused by the Defendants’ actions.
Therefore, Plaintiff Katherine Hannon demanded compensatory damages exceeding $50,000. This amount excluded delay damages, damages under Pennsylvania Rule of Civil Procedure 238, interest, and other allowable costs of the lawsuit.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Katherine Hannon, as Co-Administrator and Personal Representative of the Estate of Justin Riegel
- Counsel for Plaintiff(s): David Kwass | Michael J. Zettlemoyer | Robert J. Mongeluzzi
- Defendant(s): Concert Golf Management, LLC | FC Golf GP II, LLC | Concert Philmont, LLC | Concert Golf Partners Holdco, LLC | Comprehensive Golf Solutions, LLC | Shreiner Tree Care Specialists, LLC | Green Golf & Turf, LLC.
- Counsel for Defendant(s): Glenn M. Campbell | John J. Snyder
Claims
The decedent’s estate claimed the Defendants failed to properly inspect, maintain, or remove the hazardous tree. They argued the Defendants neglected to warn those on the property, including the decedent, about the tree’s dangerous condition. Furthermore, the estate alleged the Defendants overlooked the risks posed by the tree and chose to delay its removal to save money, prioritizing cost over safety. This decision, they asserted, endangered members, guests, and anyone lawfully on the property.
The lawsuit also named Shreiner Tree Care Specialists, LLC as a Defendant, alleging negligence for not addressing or removing the dangerous tree.
Defense
The Defendants denied liability, claiming the storm was an Act of God, which absolved them from responsibility for the unforeseeable event.
Jury Verdict
After a two-week trial, the jury deliberated for about one day. On August 29, 2024, they reached a verdict, finding all three defendants – Defendants Concert, Comprehensive Golf Solutions, LLC, and Green Golf & Turf, LLC, equally responsible for Riegel’s death.
The jury determined that each defendant was 33 1/3 percent liable for Riegel’s wrongful death. They awarded $2,623,000 to the estate under the Survival Act and $6,500,000 to the decedent’s infant son under the Wrongful Death Act. This resulted in a total verdict of $9,123,000. However, the jury found no liability against the tree service company.
Post-trial Comments
Attorney David L. Kwass stated the following after the verdict, “This case was from the start about obtaining justice for Justin and his family, including the son he never got to hold and love. We alleged, and proved at trial, that his death was a predictable and preventable tragedy. Our pre-suit investigation determined, and testimony at trial was unmistakable, that the defendants should have known the hulking tree, with its overgrown trunk and canopy, leaning toward a high-traffic building squarely within its target zone, presented a foreseeable danger; one that could have been eliminated for $5,000, yet Philmont failed to act prior to the storm that had been accurately forecast for days by several weather services.”
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