The tragic drowning death of a three-year-old boy has resulted in a lawsuit being filed against a water and sewer district and others. The wrongful death lawsuit, which was filed in Butte district court last month arose from the January 24, 2007, death of Loic Rogers, who drowned in a septic tank on a property in Kalispell, Mont. The lawsuit filed by the family names Evergreen Water and Sewer District, JB Estates, Robert Rinke, John Coziahr, Rinke’s Red Hawk Ranch and Carver Engineering as Defendants.
It’s alleged in the Complaint that the district, land developers and an engineering company were negligent in placing the septic system on the property. The lawsuit claims the septic tank access did not have a “kid-catcher” safety device installed that would have prevented the child from falling in. The boy’s father told police he took his son to his car outside a friend’s home, told the boy to get in and then returned to the house to get his daughter. When he got back, the boy was gone. The boy’s body was found two days later in a septic tank less than ten feet from the house where he was last seen.
The lawsuit alleges that the designers of the septic system were negligent by placing access to the septic tank too close to a driveway. The Plaintiffs claim the cover and riser for the septic tank were damaged when a vehicle slid into it in December 2006. The lawsuit seeks damages for pain and suffering, funeral expenses, lost income and other damages.
Source: Montana Standard
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