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NEW ORLEANS (WGNO) — Personal Injury Attorney Morris Bart was hired to represent the San Antonio, Texas family whose 16-year-old was crushed when an 85-year-old oak tree fell on him in Jackson Square on Friday, July 7.

The teen has been in critical condition in a New Orleans ICU, suffering from severe brain injuries since the incident. The family wished to keep their privacy but asked the public for prayers.

In the meantime, Bart started a legal battle against the city for negligence. His argument included a drone image of the tree already deteriorating a year ago. On June 27, a limb fell off the tree.

Mayor LaToya Cantrell told reporters in a news conference on Wednesday, July 12, the tree was inspected after the limb fell and city arborists did not find a major problem.

“If it was in imminent danger of collapsing, it would have been removed immediately,” said Cantrell.

Bart said, as of Friday, July 14, his team was waiting for copies of the inspection as well as the latest inspection prior to June 27. However, he claimed that even if the tree wasn’t removed, it should have been roped off.

“The city has not released any inspection report. They haven’t given us the name of any arborist that inspected the tree,” Bart said. “I don’t believe it.”

Witnesses told WGNO the day the tree fell on the teen, a pile of branches on the ground was from June 27. Bart showed WGNO an image of damage to the fence around Jackson Square which he believed was caused by the June 27 incident.

According to Bart, even if the family wins the lawsuit against the city, it won’t truly be a win. In his experience, in some cases have taken years to get their hands on any money from the city.

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