BEVERLY — The family of a teenager killed in a freak chimney collapse during a party three years ago has filed a $3 million wrongful death lawsuit against the host of the party, who was also a teenager at the time.
Visar Luzha was a 19-year-old immigrant from Kosovo who dreamed of traveling across the United States when he attended a house party at 53 Cogswell Ave. in Beverly on Aug. 19, 2005.
Luzha, who lived in Lynn, was sitting in a hammock that was hung between a tree and a chimney. Around 11 p.m., the chimney gave way, sending cinder blocks tumbling onto Luzha, who was struck in the head and killed.
According to the lawsuit, Rachael Halupowski, now 21, invited a group of people to a party at the home, but did not have permission from the home's owners to have guests at the property.
The suit was filed late Thursday in Salem Superior Court by Njazi Luzha on behalf of his son's estate.
The home was not owned by Halupowski, who lives in Peabody, but the lawsuit contends that she had a duty to protect her guests that night and failed to warn Luzha that the hammock was dangerous.
The family is seeking actual and punitive damages for wrongful death, pain and suffering, and gross negligence.
The suit does not name the home's owners, Thomas and Susan Richardson.
Police ruled the death an accident, an opinion seconded by prosecutors back in 2005.
No charges were ever filed.
Halupowski said yesterday that she was not aware of the lawsuit and declined to comment until she talks to a lawyer.
Luzha had attended Lynn Classical High School and spent time in New Hampshire.
On the night he was killed, he was about to start a new job working at a local Target.
According to the lawsuit, attorney James O'Shea came up with the $3 million figure by comparing the case to similar cases.
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