TRAVERSE CITY — A judge dismissed charges against Grand Traverse County building and electrical inspectors in a multi-million dollar lawsuit suit over a teen's electrocution and drowning in Clinch Marina.
Thus far, the county is the only party completely dismissed from a lawsuit filed by Michael Knudsen's family after his death in 2011. An electrical leak killed Knudsen, 18, as he swam from a floating dock attached to the city-owned marina's outer breakwall.
Dale Stevens, former director of the county's construction code office, was dropped from the lawsuit by mutual consent of all parties in July. Thirteenth Circuit Court Judge Thomas Power dismissed all counts against the county's electrical inspector, Phillip Nault, in an order issued Monday.
"The judge found they did their work and they did their job and it was through no fault of their own that this happened," said Dave Benda, county administrator. "Nault was the electrical inspector, so he was there to inspect the plan to make sure they were done in accordance with code and they were."
Defending the two men cost at least $112,111 in legal fees, though the county has yet to receive a final bill, Benda said.
A city investigation determined 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.
Downstate attorney Geoffrey Fieger filed suit in September 2011 on behalf of Knudsen's family. In January, Fieger's office filed another suit on behalf of Knudsen's friend, Zachary Kott-Millard. That suit alleges Kott-Millard was shocked when he jumped into the water to save Knudsen, then endured mental anguish as he watched Knudsen die.
Dean Robb, co-counsel for the family, said the plaintiffs didn't oppose dropping the inspectors from the lawsuit.
Almost a dozen parties remain as defendants, including Traverse City, marina manager Barry Smith, and the firms that designed, engineered, and constructed the marina. Bob Cole, the city's director of public services and Smith's boss, was added as a defendant in August.
Traverse City also filed a cross claim lawsuit against the marina's design firm, general contractor and engineering firm.
"The file would fill a room now," Robb said. "During mediation everyone else was willing to try and resolve this, but the city offered zero."
The city doesn't know how much its paid to defend the lawsuit because bills go to its insurance company, City Manager Ben Bifoss said. The city has paid a $5,000 deductible.
The two suits are scheduled for a six-day trial in April.
Region
Related Photos
-
Michael Knudsen
-
In 2011, officials investigate the scene where 18 year-old Mancelona resident Michael Knudsen drowned while swimming off of Dock F in Clinch Marina. Record-Eagle file photo/Jan-Michael Stump
-
In 2011, officials investigate the scene where 18-year-old Mancelona resident Michael Knudsen drowned while swimming off of Dock F in Clinch Marina. Record-Eagle file photo/Jan-Michael Stump
Charges against Grand Traverse inspectors dismissed
-
-
Powerball ticket buyers hopeful as jackpot swells
Garrick Opie hasn’t purchased a Powerball ticket in more than a decade. But a jackpot that swelled to $600 million — the world’s second largest lottery prize — by Friday afternoon convinced Opie to throw in $20 toward the $2 tickets at the 7-Eleven store on 14th Street.
Continued ... -
Co-worker of fired tribal employees: ‘They should have known better’
A co-worker of the six tribal employees who shot a .22 rifle off their office building deck alleged they endangered a nearby residence, potentially polluted Lake Michigan with lead bullets, and violated human resources policy.
Continued ... -
Jury: Local attorney committed fraud
A jury ruled a local attorney committed fraud and malpractice in a case of a business deal gone bad.
Continued ... -
Man facing sex charges
A Traverse City man who faces child abuse and criminal sexual conduct charges also is accused of attempting to assault authorities who tried to arrest him.
Continued ... -
Model airplanes take off today in Thompsonville
If you’re in Thompsonville today, look up. Model airplane enthusiasts say you’ll be in for a treat.
Continued ... -
Trial scheduled for sex crime suspect
A Kalkaska man who faces 16 counts of criminal sexual conduct is scheduled to appear in court.
Continued ... -
Ex-local resident on 'Wheel of Fortune'
A former Frankfort resident will appear on the national game show “Wheel of Fortune.”
Continued ... - Friday, May 17, 2013
-
Parking garage rates to rise
The Downtown Development Authority authorized an increase in transient parking rates at the city’s two municipal parking decks.
Continued ... -
Ex-Traverse City Manager Lewis to head St. Joseph
The city of St. Joseph picked Traverse City's former Manager Richard Lewis as their next city manager.
Continued ... -
Heroin overdose kills man
Benzie County's struggle with fatal heroin overdoses continues. Authorities confirmed Justin Smith, 23, of Benzonia, was found dead Wednesday night of a heroin overdose. Law enforcement officials arrested a suspect in Smith's death, the fourth heroin-related fatality in the county since 2011.
Continued ... -
No food truck buffet rolled out on first day
Diners who hankered for food truck fare on the first day the mobile restaurants were allowed downtown came away hungry.
Continued ... -
Firings anger Grand Traverse Band members
Tribal officials fired six of their Natural Resources Department employees for shooting a rifle off their office’s deck, a move that’s angered some Grand Traverse Band of Ottawa and Chippewa members who said the punishment is too severe.
Continued ... -
Low-flying helicopters are coming
Don’t worry: the low-flying helicopters buzzing through northern Michigan are not from the United Nations or some secret government agency.
Continued ... -
Nursing home promises to repay Benzie $484K
The Maples nursing home officials told Benzie County leaders they will repay $484,000 the county loaned the facility by March 2014.
Continued ... -
Traverse City Light & Power joins SUN project
Traverse City Light & Power board members approved the final step in implementing a community solar project in partnership with Cherryland Electric Cooperative.
Continued ... - Thursday, May 16, 2013
-
Shananaquet to prison for 25-50 years
Tyler Shananaquet expressed remorse for hitting a woman who sought a ride home after a Williamsburg bonfire party, but he maintained he didn't rape her.
Continued ... -
Traverse City eyes bond to fix roads
Winter 2012-13 laid bare Traverse City's street problems and some city officials want to consider jump-starting a 20-year road repair program with a bond program of up to $20 million.
Continued ... -
Memorial ceremony a tribute to TC's Sgt. Finch
It was a quiet, sunny day when Traverse City Police Sgt. Dennis Finch responded to a call about a man with a gun outside a Wellington Street home.
Continued ... -
Farm bill would help fruit growers
Both pending versions of the 2013 Farm Bill would make crop insurance available to cherry farmers, northern Michigan's federal legislators said.
Continued ... -
United Way launches iPhone app for volunteering
iPhone users who want to find local volunteer opportunities through the United Way now can get information at the tips of their fingertips.
Continued ... -
Inland Seas' Kelly to weigh anchor
Tom Kelly, who launched the first sailing schoolship program on the Great Lakes 25 years ago, will retire at year's end.
Continued ... -
Traverse City manager to make $100K a year to start
Traverse City’s likely new city manager will earn $100,000 a year to start and could raise that to $110,000 by the end of a proposed three-year contract.
Continued ... - Wednesday, May 15, 2013
-
Leelanau will pay to settle lawsuit
Leelanau County will pay $55,000 to settle a lawsuit stemming from allegations county sheriff’s deputies illegally detained a man.
Continued ... -
NMC may hike tuition for some
Northwestern Michigan College board members took their first look at next year’s draft budget, which included a nearly 32 percent tuition hike for the nursing, automotive, and audio-tech programs.
Continued ... -
Home foreclosure could be 'windfall' for Benzie
Tax foreclosure on a lakefront home valued near $800,000 could be a “windfall” for Benzie County.
Continued ...
-
