Another Class-Action Lawsuit Filed Over Fernley Flood
Class Action News
Three law firms have filed a class-action lawsuit on behalf of victims of last weekend's Fernley flood - the second such complaint in two days.
In their suit filed Friday in Lyon County District Court in Yerington, the Reno firms of Maddox & Associates, Leverty & Associates and Dunlap & Laxalt are seeking unspecified damages from the Truckee-Carson Irrigation District.
The complaint came a day after Reno lawyer Robert Hagar filed a
suit in Washoe County District Court on behalf of Judy Kroshus, whose home was among hundreds flooded after a storm-swollen irrigation canal ruptured Jan. 5. That suit, which also seeks class-action status, names the irrigation district, local governments and homebuilders as defendants.
Both lawsuits allege that the irrigation district did not properly maintain the canal and failed to minimize damage once the breach occurred in the fast-growing town 30 miles east of Reno.
Ernie Schank, TCID president, said the district reacted as quickly as possible after learning about the rupture, which was reported at about 4:20 a.m.
"This will be a complex case," lawyer Cal Dunlap told the Reno Gazette-Journal. "A lot of this is unknown territory. It's not immediately clear which laws apply."
Judges will have to certify the lawsuits as class actions, meaning that the suits represent all plaintiffs affected by the flood.
"It's unusual for two class actions to be certified," said Jeffrey Stempel, a law professor at the William S. Boyd School of Law at the University of Nevada, Las Vegas. "Filing first is always an advantage."
Stempel maintained the irrigation district generally would be liable for flood damage.
"If you've penned up an animal and the animal escaped and hurt
someone, it's usually your responsibility," he said. "In this case, the district penned up water and it got away from them."
The irrigation district operates the canal under a contract with the U.S. Bureau of Reclamation, which owns it.
Schank has said he realizes the district will be targeted by lawsuits, but was unsure whether it's liable for flood damage.
Betsy Rieke, area manager for the reclamation bureau, has said her agency thinks the district would be liable.
Rieke's agency continues to investigate the cause of the breach, which occurred after unusually heavy rain.
Related listings
-
Banks Targeted by Italy's First Class-Action Suit
Class Action News 01/10/2008Consumer group Adusbef plans to fight Italian banks' use of a certain type of compound interest on loans, in what could lead to Italy's first class-action lawsuit, a statement from the group said.A recently enacted law will allow class-action lawsuit...
-
De Beers Diamonds Settles Class Action Lawsuit
Class Action News 01/10/2008If you bought diamonds over the last decade, you might be entitled to some money back.The mining company De Beers is settling a $295 million class action lawsuit.De Beers was accused of fixing diamond prices and monopolizing the market. The case invo...
-
Drug-maker Faces Class Action Over Zimulti
Class Action News 01/09/2008A class action lawsuit has been filed against pharmaceutical powerhouse Sanofi-Aventis alleging that the company hid data concerning adverse events associated with their obesity medication Zimulti. The French company allegedly concealed data showing ...
Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.
Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.
Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:
• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements
For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.