Flood Victims File Lawsuit in Federal Court

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Flood victims file lawsuit in federal court

 

By Keven Todd

LVN Publisher,

More than 100 Fernley residents who were impacted by the canal breach and flood

last January filed a lawsuit in U.S. District Court last week seeking

unspecified damages.

The flood victims are asking for compensation claiming negligence, the

infliction of emotional distress and trespass for allowing the flood waters to

enter impacted subdivisions.

The United States of America is named as the defendant, more specifically the

Bureau of Reclamation and the Truckee Carson Irrigation District as an agency

and contractor to the federal government.

The lawsuit, which seeks class action status for the plaintiffs, alleges: “The

flood in Fernley on Jan. 5, 2008, was due to, among other reasons, the

inadequate maintenance and operation of the Canal by the Truckee Carson

Irrigation District (TCID), in conjunction with the United States, Bureau of

Reclamation (BOR), which is an executive agency of the United States and owns

the Truckee Canal for the United States.”

The suit further contends that BOR and TCID had a duty to insure the canal was

safe and would not endanger residents living within the reach of potential flood

waters.

“Each of the Plaintiffs herein has suffered one or more of the following as a

result of the actions of the Defendants alleged herein, to-wit (1) damage to the

real property they own due to inundation by flood waters, mud, mold, bacteria,

and other toxins, (2) diminution in the value of the real property they own as a

result of the requirement to disclose to any prospective purchaser of their

homes the fact that their real property is located in a flood risk zone below

the water level of the nearby Canal, (3) diminution of the value of the

collateral which is the security for mortgages, and promissory notes secured by

deeds of trust, (4) damages to and loss of personal property and (5) personal

injury and risk to their health due to inundation by flood waters, mud, mold,

bacteria and other toxins,” the plaintiffs assert in the suit that will be heard

by Federal District Judge Sandoval in Reno..

The Fernley residents claim that inadequate maintenance and the TCID’s desire to

recharge the water level in Lahontan Reservoir during winter months were the

main reasons for the Jan. 5 breach.

“Defendants BOR through its contractor TCID, knowingly and intentionally caused

an amount of water greatly in excess of the safe water-carrying capacity of the

Canal to flow through the Canal at the time of the breach, and Defendants

further failed, for hours after the breach occurred, to direct or cause the

water to be diverted away from the Canal by the mere redirection of the water

flow into the Truckee River or other alternative channels, instead of into the

Canal, thereby greatly increasing the quantity of water, mud, bacteria, mold,

and other toxins that flowed into the affected subdivisions and caused damages

to Plaintiffs and all other persons similarly situated as alleged herein,” the

suit claims.

Lawyers for the residents contend that the canal, although repaired, still poses

a threat to the plaintiffs because “a large portion of the Canal within the City

of Fernley contains unstable soils composing the sides of the Canal where water

levels will exist at the rates of flow announced by BOR and TCID.”

Furthermore, the lawsuit alleges that bacteria and mold were distributed

throughout the victim’s homes and surrounding areas that were flooded. Testing

has revealed the floodwaters deposited fecal coli form, e coli, enterococcus,

penicillium/aspergillums, alternaria, cladosporum, acremomium and ulocladium.

“Exposure by the Plaintiffs and all other residents of the affected subdivisions

to the bacteria and toxins described above can cause respiratory and

gastro-intestinal illness and death, and some of the toxins produced by types of

aspergillums are highly carcinogenic and cause cancer and death,” the suit

claims.

There are a number of minors named as plaintiffs in the lawsuit and the

attorneys claim that children are at a much greater risk of health problems due

to higher levels of outdoor activities.

“Persons who inhale such toxic particles will have an increased risk of health

ailments possibly including cancer and death,” lawyers for the Fernley residents

claim in the lawsuit.

Hager, one of four attorneys representing the plaintiffs, said that a

6-year-old boy is among the plaintiffs who is suffering from a viral infection,

which is known to be caused by contaminated water. Hager said the first symptoms

often mimic the flu.

“The boy is on heavy antibiotics and the prognosis is good,” Hager told the LVN.

“Left untreated, the infection can cause lung cancer.”

Hager said it’s difficult to peg a dollar figure that might result from any

finding or settlement for the plaintiffs.

“Any settlement would vary from person to person and home to home based on

actual damages and the likelihood of developing health problems in the future,”

Hager said. “Some of my clients already suffer from Post Traumatic Stress

Disorder because they feared for their lives and the lives of their children

during the flood.”

 

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