Allen J. Morton III fell from a tower on Green Top Road on May 26, 2021.
The complaint filed by his parents, Allen Morton Jr. and Sandra Morton, says the tower was unguarded, negligently designed and constructed and was negligently maintained.
While the complaint lists the address as 3102 Green Top Road — the site of the Bluff Mountain Fire Tower and a 300-foot Tennessee Division of Forestry self-supporting tower, the complaint is in reference to a smaller tower next to it that the county uses.
The property for both towers is owned by the State of Tennessee.
The adjoining property is owned by American Tower Corporation, where it has a secure compound and a self-supporting tower.
The complaint claims the county “failed to adequately secure the tower” and “failed to warn the public of the dangers of the tower.”
It also noted there was no barrier to keep the public away.
However, the top photograph of both structures taken this January identifies that both compounds are secured by fencing.
The only difference from videos and photographs taken years prior to the 2021fatality is that the top rows of barbed wire appears to have been supplemented with coiled razor wire.
According to Morton’s obituary, he was employed as a zipline guide, a position that calls for ensuring proper rigging safety and inspecting equipment.
His parent have requested a jury trial.
There is a fire watch tower at that location that is not protected by fencing but the attorneys for the Mortons, according to The Mountain Press, said the complaint centers on the tower owned by the county.