ASHEVILLE - The North Carolina Department of Labor's Occupational Safety and Health Division is investigating after a Biltmore worker died at the estate, reportedly killed by a tree that fell during high wind gusts on April 1.
Such investigations are standard when a worker dies on the job, NC DOL spokesperson Erin Wilson said. She confirmed that an investigation was underway April 4. A report would likely be available within six months, she said.
The woman who died was Jerrilyn Musachia, according to an incident report filed by the Asheville Fire Department and obtained by the Citizen Times through a public records request. An obituary says that she was 66.
Her daughter did not immediately respond to a message seeking comment on April 4.
More:Biltmore employee dies on the estate from falling tree during high winds April 1
The fire department was dispatched at 4:16 p.m., according to the incident report.
The incident report said that upon arrival at 605 Approach Road, responders “found that the subject was completely trapped under a large, intact tree that had uprooted and fallen over.” It indicated Musachia had no vital signs.
“The patient was alone and it was unclear from witnesses how long the patient was trapped,” the incident report says.
In emails to the Citizen Times, Biltmore spokesperson LeeAnn Donnelly confirmed that Biltmore “contacted OSHA and the Department of Labor on Saturday evening following the accident (April 1), and is cooperating with them.”
This was the second death at Biltmore from a falling tree over the last year. Casey Skudin, 45, a firefighter from New York City, died June 17 when a tree fell on his SUV while he and his family were visiting to celebrate his birthday and Father's Day.
His widow, Angela Skudin, filed a wrongful death lawsuit, alleging in a July complaint that Biltmore was “reckless and grossly negligent” by “failing to use adequate tree cabling supports,” not hiring “competent” arborists and not monitoring or cutting down the tree that killed her husband, among other things.
Past reporting:Person killed on Biltmore Estate in Asheville after tree falls on car during 'high winds'
More:FDNY: Man killed by falling tree on Biltmore Estate was a veteran NYC firefighter
On March 27, Buncombe County Senior Resident Superior Court Judge Alan Thornburg signed a consent order declaring the case an exceptional civil case, and wrote that he would recommend that Judge Bradley Letts oversee it.
“Tree risk assessment is a key part of the management of trees on the estate,” Donnelly told the Citizen Times in response to a question about tree upkeep that referenced Skudin’s death. “Our arborist and his crew leader are certified by the International Society of Arboriculture in tree risk assessment. They follow best management practices for trees along roadways and walkways in guest areas.”
“In addition to the work performed by our arborist and his team, we regularly engage with outside arborist companies to assist in tree inspections, and to expedite other tree work, such as pruning and removals,” she said.
In a later email, she emphasized the wind gusts on April 1.
“We have noticed a repetitive discussion in the comments on the Asheville Citizen-Times’ Facebook page that people are commenting that the tree in the April 1 accident on Biltmore estate was compromised in some way, with calls of cutting trees down,” she said. “Because of these comments, we wanted to offer that the tree involved was a healthy native hemlock tree, and it was under regular maintenance. It was uprooted at its base by wind gusts.”
The tree was about 40 years old, she said. She could not provide its size.
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The weather in Asheville on April 1 was "breezy to gusty" all day, Ashley Rehnberg, a National Weather Service meteorologist based in Greer, South Carolina, previously told the Citizen Times. She said the stronger gusts blew through the area late in the afternoon and early in the evening.
The maximum wind speed recorded by the weather service at the Asheville Airport on April 1 was 45 mph at 5:26 p.m., Rehnberg said.
A different meteorologist with NWS said they would not be able to provide the wind speed for the Biltmore Estate at that day and that time — only the Asheville Regional Airport.
The fire department's incident report said the wind speed was 10.8 mph.
Ryan Oehrli covers public safety, breaking news, courts and other beats for the Citizen Times. Comments? Questions? Tips? Send them to coehrli@citizentimes.com or 252-944-6816. Please support local, daily journalism with a subscription to the Citizen Times.
