EDEN PRARIE — The family of an Eden Prairie woman who was killed by a falling tree has filed a wrongful death lawsuit against the city.

The family of 56-year-old Nina Mackay said in a Hennepin County lawsuit the city didn’t properly inspect and remove the roughly 90-year-old basswood tree. It struck and killed Mackay when she was walking her dogs in July 2013.

City Attorney Joseph Nilan said in a filed response that the city isn’t liable and the case should be dismissed. He cites a state statute that cities aren’t liable for parks and recreation maintenance issues.

The city has acknowledged the tree was compromised by decay and had a rotten cavity. It said there were no outwards signs the tree was a problem.