City, One Employee Dismissed from Marina Suit : News : The Ticker

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City, One Employee Dismissed from Marina Suit

January 30, 2013

13th Circuit Court Judge Thomas Power has dismissed claims against the City of Traverse City in the Clinch Marina electrocution-drowning death of Michael Knudsen in Aug. 2011. The Ticker reported on the lawsuit's impending trial just last week, but Judge Power's action on Monday sided with the City's argument disputing the plaintiffs’ claim that the marina is a for-profit venture by the city.

Also dismissed from the lawsuit is the city's Director of Public Services Bob Cole. However, marina dockmaster Barry Smith still faces claims, with Judge Power saying it's possible a jury could find that Smith was aware of the electrical problems at the marina and failed to address them. It is not known at this time if any of the parties involved in the lawsuit will appeal the decisions.

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Anne on January 31, 2013 1:48pm

The water should not have been electrified. What if someone accidentally falls into the water? That shouldn't result in death.

Confucious on January 31, 2013 10:19am

Confucious says: The marina should put electric fence around no swim area.

This would have never happened if the marina had an electric fence guarding the "no swim" area...

Jon on January 31, 2013 9:09am

Rick...actually that was my point: Just where does the responsibility lie? I say YES it lies with the victim...but it ALSO lies with the CITY ET AL, because they own the fact that there was electricity leaking and they knew about it! Sometimes a sign just will not do enough! Although the city does have what is CLEARLY an "attractive nusense" ( which you or I would NOT be "dismissed" from.

Don on January 31, 2013 7:10am

I wonder how much Feiger paid Power for him to come up with that. Barry Smith is the only one who is liable? I have said from the beginning that he would be hung out to dry in this mess. Traverse City has no officially become a joke. First their keystone cops and now moronic judges.

Carol s on January 30, 2013 4:55pm

Someone should scrutinize judge powers decisions closely

Rick on January 30, 2013 4:11pm

I guess the people who disobey the No Swimming/do not swim signs should take no responsibility for what happens to them! The City must have temped then!

Barry on January 30, 2013 2:45pm

If I looked at a railroad crossing sign and while crossing the track I got hit by a train, whom is to be held liable?? Should I sue the city in where it happened? Should I sue the person who was driving the train? Should I sue the person who hired the person driving the train? Should I sue the person who designed the train? Would I be content if they put something in place to prevent this from happening again? Should a freightor shipping lane be put in place of the metaphorical railroad tracks? I DO NOT want to see a tragedy like this happen again, but do not blame the city for this event.

Heather G. on January 30, 2013 7:47am

If the dockmaster reports to the city, or if the dockmaster cannot make changes without the city being consulted and/or approving changes to the dock/marina, then the city and its representative(s) should remain liable. The individual, and not the city who hired them and oversees their work, is solely responsible? Should not be so. I say this as a City resident and taxpayer.

Jon on January 30, 2013 6:22am

Well I for one hope that the plaintiffs do appeal...if the city is,[supposedly] not culpable in this matter, yet they are in charge-[owner of] the marina, then they own the problems. It is more than obvious that maintenance(at every level) is lacking in this city, but for the city/marina operators/etc. to infer that they were not aware is ludicris at best. They charge fee's, make money on gasoline,charge and fine for parking, monitor and enforce the no swim rule- Not for a profit over and above costs? Absolutely insane decision!

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