Plaintiffs Score a Procedural Victory Against the State of Michigan in Catastrophic Dam Failure Lawsuit
In a recent ruling, Michigan Court of Claims Judge James R. Redford determined it was premature to consider the question of absolving the state of liability for the Edenville and Sanford dam failures before completing further discovery – a procedural victory for those suing a state agency in a pending lawsuit.
On May 19, 2020, the nearly century-old Edenville Dam (one of many dams along the Tittabawassee and Tobacco Rivers) collapsed from heavy rains, causing the 2,600-acre Wixom Lake reservoir to empty. The surrounding area flooded, pushing water into Sanford Lake, which in turn caused the Sanford Dam to fail. The resulting property damage in and around Midland was extensive.
Defendant Michigan Department of Environment, Great Lakes, and Energy (EGLE) moved to dismiss the case, claiming the plaintiffs had not produced sufficient evidence of the state’s responsibility. In response, Judge Redford emphasized that expert reports and depositions are crucial for a fair evaluation. The court rejected the state’s request to expedite dismissal and instead scheduled deadlines for submitting expert reports next year.
This decision allows the plaintiff homeowners and renters, represented by a team of lawyers, including Sommers Schwartz’s Paulina Kennedy and Jason Thompson, to continue their pursuit of justice.
Photo Source: Defense Visual Information Distribution Service
