Estate of Lynn man killed by falling chimney files wrongful death lawsuit

SALEM – The administrator of the estate of a Lynn man killed when cinder blocks fell on him from a chimney that gave way as he was sitting under it in a hammock has filed a multi-million dollar wrongful death lawsuit.Njazi Luzha, of Lynn, administrator of the estate of Visar Luzha, filed the wrongful death lawsuit late Thursday afternoon in Salem Superior Court against Rachael Halupowski, of 35 Trask Rd., in Peabody.According to complaint, on or about Aug. 19, 2005 at about 11 p.m. Visar Luzha was an invited guest by Halupowski to a home at 53 Cogswell Ave., in Beverly, when the hammock, secured by one end to the chimney, gave way and cinder blocks from the chimney fell on him, crushing his skull and ultimately causing his death.At the time of the accident, Halupowski apparently was responsible for inviting guests to the home in Beverly, and the owners of the property had not authorized her to have guests at the property, the suit states.The court documents list a total of $3,009,830 in damages that include hospital expenses, ambulance and funeral along with wrongful death damages.Boston Attorney James P. O?Shea who filed the court action in behalf of Luzha.