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ASHEVILLE, N.C. (AP) — The family of a New York City firefighter killed when a tree fell onto the car he was driving at the Biltmore Estate has filed a lawsuit accusing the North Carolina tourist attraction of gross negligence.

Officials say Casey Skudin was driving near the Biltmore’s entrance on June 17 when the tree fell, striking the car.

An estate spokesperson has said a tree limb fell amid high winds.

News outlets report the lawsuit claims Biltmore knew the tree posed a danger to guests and tried to keep it by installing steel cables.

In a statement, Biltmore denied “all allegations of willful or intentional conduct on the part of Biltmore, as well as the allegations of negligence.”