A young cancer survivor died after a tree fell on him in a park, an inquest heard.
Lukasz Costazza, 30, was out with three friends in Low Hall Nature Reserve in Walthamstow, North London on June 9, 2015, when an “old, redding, dead tree” fell on him.
Within 15 minutes, paramedics and police arrived at the scene.
Mr Costazza sadly died at the scene.
Witness Kacper Zbeig told police Mr Costazza was sleeping in an “almost foetal” position when the tree fell on him, “crushing” his head and neck.
He was breathing but unconscious in the immediate aftermath and blood was falling from his nose, mouth and ears, the inquest heard. His chest was moving slightly but he was “very weak”.
Paying tribute at the start of his inquest at Walthamstow Coroner’s Court, his family said in a statement read out by the coroner: “He was hard-working, hearty, family-orientated and very helpful.
“When he was 16 he won a battle with cancer despite having very little chance of surviving, so he really appreciated the second chance in life.
“He was resourceful, we never really worried about him, he lived his own life.”
Police and the Health and Safety Executive investigated whether corporate manslaughter charges should be bought against Waltham Forest Borough Council and Gristwood & Toms, a tree surgery firm which managed the area.
None were ever bought as it was decided there was little realistic chance of a conviction.
Detective Inspector Martin Head, of the Met’s Specialist Crime Command, told the hearing: “At the point, the Metropolitan Police determined there was no third-party involvement the matter was passed to the Health and Safety Executive.
“The HSE served notice on the London Borough of Waltham Forest that some work needed to be done to try to make them (the trees) safe. Waltham Forest undertook that work.
“The view of the HSE at the time was that there may still be culpability for the local authority or Gristwood & Toms in terms of corporate manslaughter.
“The assessment of the HSE was they (the local authority) may have failed in their duty of care to adequately manage the tree that subsequently fell.
“In this particular case… there was insufficient evidence to provide a realistic prospect of conviction.”
A post-mortem by Dr Ben Swift revealed his provisional cause of death as severe head injuries consistent with the impact of a tree falling on the left side of his head and neck.
A toxicology report by Dr Rebecca Andrews revealed he had 360 milligrams of alcohol per 100ml of blood – meaning he was four and a half times over the drink-driving limit. No drugs were found in his system.
The jury inquest, which is being presided over by Coroner Graeme Irvine, continues.
It is expected to conclude on Friday.
