From: Lawsuits Fly Over Destruction Brought by Ka Loko Dam Breach
Entertainer Bette Midler, whose property was washed away that morning when the dam gave way and 400 million gallons of water rushed down Wailapa downstream destroying everything in its path, is the lead plaintiff against Pflueger in a property damage case. The suit, which seeks both punitive and actual damages, alleges that Pflueger, who co-owns the dam with his family trust, the Mary Lucas Estate, is responsible for the damage.
The 40 private property owners who joined in the lawsuit claim that despite being warned by several people not to, Pflueger altered the dam’s structure and undermined its integrity by covering its safety feature, a concrete spillway. They claim that his actions caused the dam to fail.
Pflueger denies ever seeing a concrete spillway, despite several documents on file with the state noting such a structure as far back as the 1980s.
Besides causing millions of dollars in damage to miles of private and state property, wiping out a state highway and bridge, and covering the beach and riverbed with sediment and toxic debris, which still remains five months later, the dam breach took the lives of 8 people, including a mother who was 8 months pregnant and her unborn child. Separate legal action against Pflueger and the Mary Lucas Estate for the deaths of these victims, including Aurora Fehring-Dingwall, her husband Alan Dingwall, and their nearly 2-year-old son, Rowen; Wayne Rotstein; Tim Noonan; Daniel Arroyo, his fiance Christina McNees and their unborn child, has already been filed.