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Saturday, April 26, 2014
Landslide Lawsuit Dismissed
The January 19th., 2005 Berkley escarpment landslide and the lawsuit associated with it that killed one person, seriously injured another and destroyed two houses was discussed at great length on this blog, has been dismissed. The slide occurred during the relatively short term that Janice Harris held office as District Mayor.
Read more of the Vancouver Sun article...
Read more of the Vancouver Sun article...
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Interesting that the reporter is Bethany Lindsay, a reporter at the North Shore News at the time of the mudslide of 2005.
North Vancouver District settles Kuttner lanslide suit
A lawsuit between the family devastated by a 2005 landslide and the District of North Vancouver has been settled out of court.
BY NORTH SHORE NEWSMARCH 24, 2009
A lawsuit between the family devastated by a 2005 landslide and the District of North Vancouver has been settled out of court.
Bruce Gordon, the lawyer representing Amita and Michael Kuttner, who was severely injured in the slide that killed his wife Eliza, has confirmed the case between the district and all third party litigants was settled in January of this year. The details of the settlement have not been made public.
The Kuttners have declined comment other than to thank emergency and medical staff at Lions Gate Hospital, Vancouver General Hospital and the G.F. Strong Rehabilitation Centre where Michael Kuttner was treated.
The family was devastated on Jan 19, 2005, when heavy rains unleashed a torrent of soil and debris from the backyard of a home at 2175 Berkley Ave. The wave of mud came crashing down the Berkley-Riverside escarpment and into the Kuttner's Chapman Way home while they slept. A coroner's report later concluded Eliza Kuttner died of asphyxiation while Michael Kuttner suffered spinal and head injuries that later led to a stroke. The couple's teenaged daughter, Amita, was not home at the time.
The coroner's report also determined the district was aware of landslide risk in the area after a study commissioned after three slides rocked the area in 1979 recommended remediation. "It appears that very little, if any, of this preventive work was carried out prior to the event which resulted in Ms. Kuttner's death," the report states.
A lawyer for the district said the settlement was not an admission of responsibility on the municipality's behalf.
© (c) CanWest MediaWorks Publications Inc.
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