Flood victims file lawsuit in federal court

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Flood victims file lawsuit in federal court

http://www.lahontanvalleynews.com/article/20081129/NEWS01/811299995/1

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Lahontan Valley News - Fallon,NV,USA

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 seeking 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 he represents a 6-year-old boy 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. "