Despite its “visible bad or diseased spot,” the state Department of Transportation and Development did little to remove a tree that eventually fell on a Sheriff’s Office cruiser, killing Cpl. Linden “Beau” Raimer and paralyzing his fiancé, Marilyn “Mary” Mayo, according to a lawsuit seeking damages.

Mayo, who filed the suit June 12, claims the DOTD and Cypress Holding LLC, a business where the tree was located on U.S. Highway 190, failed to “correct the defective condition of the tree despite notice and opportunity to do so.”

“The diseased area on the fallen tree was approximately 12 feet off the ground and constituted a clearly visible vice or defect of the tree which, given its size and close proximity to a well-traveled roadway, constituted an unreasonable risk of great bodily injury and harm,” Mayo’s lawyer, David Kavanagh of New Orleans-based Kavanagh & Rendeiro PLC wrote in the suit based off police reports.

Deputy Mary Mayo

Linden was killed and Mayo paralyzed during a funeral procession for Hilery Mayo June 13, 2007, who died in the line of duty a week earlier in route to a call. Neither Mayo is related.

Mary Mayo’s story of rehabilitation, courage and triumph to return to work as a St. Tammany Parish Sheriff’s Office dispatcher has captured the hearts and headlines of St. Tammany residents and newspapers.

She’s been photographed giving a thumbs up to media outlets while confined to stretcher, received a generous outpouring of financial donations from the public and even called upon by U.S. Sen. Mary Landrieu, D-La., to speak on a bill that increases financial compensation for injured or slain law enforcement officers.

But she still has problems performing everyday tasks like showering, getting dressed and driving to work, she has said.

“We have a good basis for the claim and hope to provide Ms. Mayo with additional needs to help herself,” Kavanagh said. “It was such a tragedy and could have so easily been avoided.”

The suit is seeking an unspecified amount of general and special damages for medical equipment costs, mental anguish, fright and loss of “ability to enjoy life” among other items.

But to win damages, a judge or jury will have to agree the owner knew about the damaged tree before the accident and failed to remove or improve the threat, according to Louisiana civil code 2317.1.

In previous years, lawsuits could be won if a property owner simply owned the tree. During Gov. Mike Foster’s tenure that law changed to include an owner’s negligence.

The area in question may fall under owner’s negligence. It’s overgrown with scraggly trees, many already toppled and laying in the underbrush, an indication the area may be comprised of sick trees that owners should have known were diseased, according to the suit.

In addition to the DOTD and Cypress Holding being served as defendants, the suit was also served to Louisiana Attorney General James D. “Buddy” Caldwell, William Anker, secretary of DOTD, and the Louisiana Office of Risk Management, which operates a tree inspection program.