Biltmore Estate reaches settlement with FDNY firefighter widow in wrongful death lawsuit

ASHEVILLE – The widow of a New York City firefighter who was killed by a falling tree at the Biltmore Estate has reached a settlement with the popular tourist destination.

Angela Skudin filed a wrongful death lawsuit against Biltmore in July 2022. She alleged that the estate knew the tree that killed her husband June 17, 2022 was rotten and did not remove it, instead supporting it with cables.

Court documents showed that Skudin’s attorneys reached an agreement with Biltmore, following a 17 hour and 24 minute settlement conference held Dec. 14. The mediation cost $8,900, split between both parties. As part of the deal, Skudin’s case was dismissed with prejudice — meaning she cannot refile the claim in the same court. The terms of the agreement were not included in court documents. A Feb. 6 order from Buncombe County Superior Court Judge Bradley B. Letts sealed filings in the case, but the contents of those documents were not included in that order.

Skudin's attorneys did not return a Citizen Times request for comment Feb. 29. The agreement closes a years-long pursuit to seek justice for her husband’s untimely death.

Angela Skudin, her husband Casey Skudin, their sons and two dogs were vacationing in Asheville June 2022 to celebrate Casey’s 46th birthday, which landed on Father’s Day that year — June 19. They rented a minivan and drove to Asheville from their home in Long Beach, Long Island.

The Skudin family took in the Western North Carolina scenery. Rafting the French Broad River, splashing down Sliding Rock in Pisgah National Forest and hiking Devils Courthouse and Fryingpan Mountain along the Blue Ridge Parkway.

Their vacation turned deadly when they visited the largest private home in the country, the Biltmore House, a staple for Asheville visitors. Biltmore Estate is one of the most popular tourist attractions in the state, with some 1.4 million visitors a year.

The Skudins had reservations to tour the historic Vanderbilt home at 4 p.m. June 17, 2022. Casey was driving the two-lane, winding entrance road, while Angela filmed from the passenger seat. The wind began to swirl. There was a crashing sound. The car jerked. Angela asked if everyone was OK and then screamed “Casey!”

A large branch of the American beech tree hit Casey directly on top of his head. He died of blunt force injury to the head and neck, according to his death certificate. Angela told the Citizen Times soon after the incident that her husband quickly turned the car in his last moments, to protect her and her children. They flew back to New York four days later.

Biltmore Estate's response in wake of death

In the immediate aftermath of Casey’s death, the Biltmore Estate provided little clarity. Declining to answer questions for the story, including about tree health assessments. They also declined to make an arborist available for questions. Spokespeople for the estate referred the Citizen Times to a statement saying the accident occurred “During a weather event involving high winds.”

A meteorologist with the National Weather Service told the Citizen Times that the storm did not pass over the Biltmore until after Casey’s death.

The Skudin family at the Devil's Courthouse on the Blue Ridge Parkway on June 17, 2022.
The Skudin family at the Devil's Courthouse on the Blue Ridge Parkway on June 17, 2022.

Then-Biltmore spokesperson LeeAnn Donnelly said the estate offered the Skudin family free lodging after the incident. Angela said she declined.

Skudin filed the lawsuit in July 2022, asking for compensatory and punitive damages, including but not limited to medical bills, pain and suffering and lost wages. Her attorneys filed the claim against Biltmore Co., Biltmore Estate Wine Co., LLC and Village Hotel on Biltmore Estate LLC. The Biltmore Co. LLC was included in future filings.

More: FDNY firefighter falling tree death lawsuit: Biltmore Estate gets more time for discovery

“No one should have to see their best friend and their soulmate perish in front of them. That's going to be a lifetime of trauma. That visualization alone will haunt me forever,” Skudin told the Citizen Times shortly after filing the suit.

Her lawsuit argued that the Biltmore Estate exposed its guests to dangers created by the rotting and decaying tree, yet did not warn guests or mitigate the danger, claiming those decisions caused Casey’s death and severe physical and mental injuries his family will live with. They also argued that the estate failed to employ competent arborists.

Biltmore denied negligence in their motion to dismiss following the complaint. Their arguments included an assertion that the fatal tree fall was "an act of God and nature."

The case proceeded to depositions and discovery, including a request for financial information like the estate’s tangible worth and tax returns, which Biltmore fought. Before the judge ruled on the request, the parties reached an agreement.

The remaining portion of the tree that fell on the Biltmore Estate on June 17, 2022 killing NYC firefighter Casey Skudin.
The remaining portion of the tree that fell on the Biltmore Estate on June 17, 2022 killing NYC firefighter Casey Skudin.

A spokesperson for the Biltmore Estate and Skudin’s attorneys did not respond to a Citizen Times request for comment.

Casey’s is not the only tree death on Biltmore’s ground in the past few years. In April of 2023, a 50-year-old hemlock tree weighing between 5,000 and 7,000 pounds crushed and killed Jerrilyn Musachia, a Biltmore employee. She was 66.

The North Carolina labor department cleared the estate of blame, according to a report obtained through a Citizen Times record request.

Biltmore employee death: Labor department investigates Biltmore Estate tree-fall accident; report names victim

Smokies tree fall death: 7-year-old girl killed in Great Smoky Mountains National Park when tree falls on tent

Citizen Times Executive Editor Karen Chávez contributed to this report.

Mitchell Black covers Buncombe County and health care for the Citizen Times. Email him at mblack@citizentimes.com or follow him on Twitter @MitchABlack. Please help support local journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: Biltmore Estate settles FDNY firefighter widow wrongful death lawsuit