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BREAKING: Family suing St. Joe County, Mishawaka over death of children in pond crash
WSBT NEWS ^ | December 2, 2021 | WSBT News Staffer Unnamed

Posted on 12/03/2021 5:32:26 PM PST by Fester Chugabrew

The Kleven family is suing under the Child Wrongful Death Act.

A minivan driven by Brooke Kleven slid off an icy University Drive in Mishawaka on Dec. 31, 2019, sinking into a retention pond.

4-year-old James and 2-year-old Natalie Kleven both died. Brooke and her 3-month-old son Hendrik miraculously survived.

Three St Joseph County 911 dispatchers resigned in the wake of the crash. An investigation showed "multiple mistakes" were made handling the call, including locating the pond, mistakenly muting the phone, and how the call was dispatched-- first as an accident, not as a "vehicle in the water."

The lawsuit says the retention pond did not have a barrier or signs.

And at least two other incidents had happened before which resulted in vehicles sinking into the pond.

There are other issues noted in the lawsuit about issues with dispatch.


TOPICS: News/Current Events
KEYWORDS: lawsuit; localnews; mishawaka; wrongfuldeath
The complete lawsuit is linked at the article. I took about an hour to peruse the details which reveal a devastating set of conditions for all concerned. I remember when this happened. There are many small ponds like this on Mishawaka's north side, serving to beautify the area.

A true disappointment to read that the 911 dispatchers were woefully negligent in communicating the nature and location of the incident. The plaintiffs, I believe, have good reason to sue for wrongful death. I'm just not sure their targets and objectives square with reality. It is probably customary for lawyers to "go for it all" and see what happens.

1 posted on 12/03/2021 5:32:26 PM PST by Fester Chugabrew
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To: Fester Chugabrew

Any idea why this lawsuit is being brought now, almost two years after the tragedy? Maybe the surviving family was so traumatized, it took them this long to become clearheaded and organized enough to do all the paperwork and contact the right lawyer. That would certainly be understandable.


2 posted on 12/03/2021 5:45:16 PM PST by lee martell
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To: Fester Chugabrew

And the driver of said minivan bears no responsibility for out driving the road conditions? Even if dispatches crews could have reached them, there’s no guarantee they would have prevented the deaths.


3 posted on 12/03/2021 5:49:05 PM PST by IYAS9YAS (There are two kinds of people: Those who can extrapolate from incomplete data.)
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To: lee martell

I think you answered your own question. Maybe add the virus factor, which has been emergent since shortly after the incident. Hard to imagine the impact this had on the family.


4 posted on 12/03/2021 5:51:57 PM PST by Fester Chugabrew (No nation that sanctions the wholesale slaughter of its unborn citizens is fit to endure.)
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To: IYAS9YAS

I’m sure the defense will raise that point, but the details revealed in the lawsuit point to a negligence that greatly impacted the response in a negative way.


5 posted on 12/03/2021 5:54:45 PM PST by Fester Chugabrew (No nation that sanctions the wholesale slaughter of its unborn citizens is fit to endure.)
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To: Fester Chugabrew

Pretty soon nobody will be taking these jobs for fear of being sued....People are sue crazy these days.

Icey roads, accident, car goes into pond, people died.
Not the first time nor the last.


6 posted on 12/03/2021 6:30:03 PM PST by caww ( )
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To: caww

The suit goes overboard, but the negligence on the part of some merits remedy. Lawsuits happen all the time, too. Some of them are legit.


7 posted on 12/03/2021 6:44:48 PM PST by Fester Chugabrew (No nation that sanctions the wholesale slaughter of its unborn citizens is fit to endure.)
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To: IYAS9YAS
"And the driver of said minivan bears no responsibility..."

41.720762, -86.166460 Google coordinates. Shows two ponds, both on the East of the intersection. Couldn't print the map.This pond is on the Southwest side, and completely dry at the time Google took this picture

"At all relevant times, the Subject Pond was at least eight (8) feet deep at or near its center."

8 posted on 12/03/2021 7:30:41 PM PST by guest7
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To: IYAS9YAS

The driver may have been negligent, but the deceased kids were not. Whether the driver was negligent or not has no bearing on wrongful death suits brought against the county by the estates or surviving family members (other than the driver) of the deceased kids.


9 posted on 12/03/2021 8:00:27 PM PST by KevinB (''...and to the Banana Republic for which it stands ...")
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To: Fester Chugabrew

The script-writer for the 911 center (most use “canned” Q & A scripts from outside vendors) should be listed as an additional defendant.


10 posted on 12/03/2021 8:19:53 PM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: lightman

My sense is that the respondents to the 911 call did not even make use of any script writing product. The second 911 call was muted while giving instruction to the party in distress! New Year’s Eve vodka may have played a part, given what transpired.


11 posted on 12/03/2021 8:27:25 PM PST by Fester Chugabrew (No nation that sanctions the wholesale slaughter of its unborn citizens is fit to endure.)
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To: Fester Chugabrew

Mebbe.

But the script-writers and vendors need accountability.

They have basically robbed 911 Telecommunicators of reason and common sense.

Might as well just go full automated “if your vehicle is sinking, enter 1 now”

/s


12 posted on 12/03/2021 8:39:19 PM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: lightman

Good point. To be sure, if 911 dispatchers and call receivers are by policy mandated to make use of scripted product, then accountability lands there, too. In this case I doubt it.


13 posted on 12/03/2021 8:58:07 PM PST by Fester Chugabrew (No nation that sanctions the wholesale slaughter of its unborn citizens is fit to endure.)
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To: lee martell

Er, did you not notice the recent pandemic that caused courts and law offices to be closed for months?

On top of that, there was probably quite a while spent grieving, demanding answers and then attempting to be ‘nice’ by asking them to pay compensation for their gross incompetence. The pace of government (adjusted for the pandemic) would account for this as well - perhaps they got the run around and only recently got the “FOAD” reply from the government.


14 posted on 12/03/2021 9:26:38 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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