Traverse City Record-Eagle

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February 25, 2012

Commissioners to hear Clinch Marina legal updates

TRAVERSE CITY — City commissioners will hear an update on lawsuits tied to a Mancelona teen's death at Clinch Marina.

Commissioners likely will meet in a closed session Monday to discuss suits tied to Michael Knudsen's Aug. 15 electrocution and drowning. An electrical leak killed Knudsen, 18, as he swam from the wooden dock attached to the city marina's outer breakwall.

Downstate attorney Geoffrey Fieger filed a suit in September against the city and several contractors on behalf of Knudsen's family. In January, Fieger's office filed another suit on behalf of Knudsen's friend, Zachary Kott-Millard. It alleges Kott-Millard was shocked when he jumped into the water to save Knudsen, then endured mental anguish as he watched him die.

City Manager Ben Bifoss said commissioners will hear an update, but a potential settlement is a "long way off."

Jeffrey Danzig, an attorney working on the suits at Fieger's office, said settlement discussions probably won't start until summer, at the earliest.

"There's nothing on the horizon other than working through the case and getting all of the factual information," he said.

A chafed and broken 220-volt cable at an electrical box, combined with the failure of the marina's electrical grounding system, resulted in electricity leaking into the water through the dock. An autopsy report listed Knudsen's cause of death as a combination of electric shock and drowning.

The lawsuits don't seek a specific amount of money, though Fieger earlier said he'd like to get $50 million on behalf of Knudsen's family.

Mayor Michael Estes said he's not particularly interested in an update unless a settlement is imminent.

"I really don't need an update on things that may be three commissions away," he said. "The city commission has enough issues already."

Commissioner Mike Gillman said he's interested in issues that could have a financial impact on the city and its residents.

"I don't have any preconceptions," he said. "I'll sit and listen."

Gretchen Olsen, a Petoskey-based attorney handling the case for the city, didn't return a call for comment.

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