A Family's Heartbreaking Quest for Justice: Lake Oswego Man Killed by Falling Tree Sparks $5.75M Lawsuit

A cloud of profound grief and a resolute pursuit of justice now hangs over the family of Paul Marston, a cherished Lake Oswego husband and father of two, who tragically lost his life when a massive tree toppled onto his car during a severe January storm. In a heartfelt and determined move, Marston’s family has filed a $5.75 million wrongful death lawsuit against multiple entities, alleging that negligence in tree maintenance led to their immeasurable loss.

The devastating incident unfolded on the evening of January 13, 2024, as an historic wind storm ravaged the Pacific Northwest, bringing down trees and cutting power to hundreds of thousands.

Paul Marston, a vibrant 60-year-old, was simply driving home along South Shore Boulevard in Lake Oswego when fate intervened. A towering 100-foot Douglas fir, seemingly healthy from a distance, gave way, crushing his vehicle and claiming his life instantly. His wife, Lori Marston, described the terrifying search for her husband that night, a search that ended in unimaginable sorrow when she learned of the accident.

The lawsuit, filed by Marston's estate, names the City of Lake Oswego, Clackamas County, the Oregon Department of Transportation (ODOT), and private property owners Mark T.

Mastalir and Mark T. Mastalir and Associates as defendants. At its core, the legal action contends that these parties failed in their duty to properly inspect, maintain, and remove the dangerous tree, or at the very least, to adequately warn the public of its perilous condition. This alleged negligence, the family argues, directly contributed to Paul’s untimely and preventable death.

Attorneys Christopher Van Marter and Mark C.

Cogan, representing the Marston family, emphasized the critical need for accountability. An arborist's report commissioned by the family revealed that the colossal Douglas fir suffered from a significant, decades-old decay at its base – a defect that should have been identified and addressed long before the storm hit.

This crucial detail suggests that the tree’s precarious state wasn't a sudden development but a long-standing hazard.

Adding to the family’s assertions of neglect, it was revealed that this wasn't the first incident involving a falling tree on South Shore Boulevard. Just two years prior, in December 2022, another tree had fallen on the same road, fortunately without causing any injuries.

This prior event, the lawsuit implies, should have served as a stark warning, prompting thorough inspections and proactive maintenance measures to prevent future tragedies.

The Marston family is seeking $5.75 million in damages, a figure intended to compensate for the profound emotional suffering, the loss of companionship for Lori and their two daughters, Madeline and Lily, and the significant financial impact of Paul’s lost future income.

Beyond the monetary compensation, their legal battle is driven by a deep desire to ensure that such a preventable loss never befalls another family. They hope their fight will compel property owners and public entities to take tree maintenance and public safety more seriously, preventing other families from enduring the same heartbreak they now face.