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Clinch Marina Drowning Case Moves Forward

January 23, 2013
Clinch Marina Drowning Case Moves Forward

A lawsuit against the City of Traverse City for the electrocution-drowning death of an 18 year-old at Clinch Marina in 2011 is set for a six-day trial in April. But with several associated suits complicating matters, it’s not known if the suit will be ready to be heard by then.

The families of Michael Knudsen – who died on Aug. 15, 2011 after jumping into the water for a swim – and his friend Zachary Kott-Millard who was with him, are suing the city and several private contractors for negligence due to an electrical short circuit said to have caused his death.

A city investigation determined a broken electrical cable -- combined with the failure of the marina's electrical grounding system -- resulted in electricity in the water.

The cases have become thick files that have branched out into related suits between the city and some of its contractors. The victims’ families are represented by high-profile metro Detroit attorney Geoffrey Feiger and his firm, along with longtime Traverse City attorney Dean Robb.

“There are various issues that will likely prevent it from going to trial in April,” says Gretchen Olsen, lawyer for the city, adding that the court must have hearings on several motions before a trial could begin.

Jeffrey Danzig, Feiger’s law partner, blames the prospect of delays on the city.

“The city has refused to offer a dime (in settlement),” Danzig says.

Without the city’s involvement, negotiations have “broken down,” because the private companies being sued won’t deal until they see what the city’s going to do, he adds.

The plaintiffs allege the city, marina management and contractors knew about the short and did not post warning signs. In fact, it states the city featured scenes of people swimming in the marina in promotional videos.

Olsen denies that the city made such a video.

Initial filings also include chilling narratives of Knudsen’s death and Kott-Millard’s ill-fated attempt to save him. The records speak of an agonizing death for Knudsen in which he bled from his eyes, ears and nose. Plaintiffs also claim Kott-Millard has suffered mentally and physically, and has not been able to work.

Some of the arguments come down to more technical matters. The city, for instance, has filed a motion to have the case dismissed, disputing the plaintiffs’ claim that the marina is a for-profit venture by the city (municipalities generally receive greater protection from negligence claims than private companies).

“It [the city] does not operate for profit and it doesn’t make a profit,” Olsen says. She adds that the purpose of the marina is to provide a service to the city and to help encourage tourism.

The next step toward trial will take place on February 4, when the 13th Circuit Court is set to hear some motions in the case.

The exact amount of money sought by the plaintiffs is unclear; court records indicate the initial suit asked for $50 million on behalf of Knudsen’s estate.

The final figure is up to the jury, should the case goes to trial, Danzig says.

“There is substantial evidence that Michael (Knudsen) suffered greatly. You tell me what that’s worth.”

The city has liability insurance for up to $5 million per incident, City Manager R. Ben Bifoss says.
 

Most Recent Comments

 
Terry on January 30, 2013 11:01am

I know at it was posted but as a boater, one would wounder if you fell off the back of your boat wile cleaning it anchored in a marina and you were electracuted.... not to mention many had already complaned about getting schocks.....just saying

Heather on January 30, 2013 9:33am

Very sad that this young man had to die. I don't think the family should be asking for 50 mil, what about putting money rewarded into a memorial to him at the marina and using it to help fix the electrical issue that caused the death in the first place?

Sue C. on January 28, 2013 9:04am

Shame on the Attorneys involved in this case - Geoffrey Fieger and Dean Robb. I'm very sorry for the Knudsen's loss, and this was a real tragedy for all involved -- but the boys should not have been swimming in the marina. I'm with the City of Traverse City on this one.

harold eickholt on January 27, 2013 8:31am

Excellant post, but if the marina employees knew of the electrical problems and didn't fix them they should lose their jobs. This was a serious problem.

Patrick on January 24, 2013 11:28am

Why is it that when someone does something that they shouldn't, there is no accountability for their actions. This is a terrible tragedy of the highest order but the kids were in the wrong here. Bad decisions sometimes have horrible consequences.

Harvey Norris, Jr. on January 24, 2013 9:02am

Six to twelve people die by electrocution/drowning in marinas every year. The money should be spent to develop and install a fail-safe system to prevent this situation from ever happening again.

Jenn on January 24, 2013 6:28am

Regardless of the no swimming signs, the water should still be safe! If the staff at the marina knew of the problem then yes they should be held accountable!

Deb on January 24, 2013 3:00am

I realize there is no amount of money worth the death of a loved one. But come on people, $50 million? The attorneys are the only ones making the profit here. A couple of million should do, only for the fact that "Do Not Swim" means DO NOT SWIM. Our society today continues to make excuses for negligence. If it were my loved one, I would sure want to settle this just to bring closure to a horrible tragedy and bring my loved one to rest.

Kc on January 23, 2013 10:18pm

Well Don, then you know, your little "private" club called Clinch Park Marina acts like and is operated like a Private Club!...
Also, the marina personnel and city crews knew they had a voltage discharge problem somewhere along the circuit. but they neglected to look into it! Now a boy is dead.

k on January 23, 2013 7:34pm

insurance is available to pay for tragedies. This was a tragedy, and should be given to the victims. Especially the poor guy who has brain damage. He will never work again. So, if the city is covered for 5mil, they should pay. That is what it is for.
Sad.

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