April 3, 2008

Lawsuit over failed sewage lagoon proceeds

Several years after a filing a lawsuit against two companies over the failed sewer treatment plant, the City of Ritzville’s attorneys appeared poised to push the matter to a court trial after efforts to settle the lawsuit have been unsuccessful.

Ritzville filed suit against the construction company, Steelman-Duff, Inc. and E&H Engineering in 2006 after a number of problems arose at the new sewer lagoon facility before Cell No. 3 completely failed in the fall of 2006.

John Ray Nelson, an attorney from the firm Foster Pepper, PLLC, notified the city in writing on March 13, of the firm’s plans to push for a court trial.

“After preliminary efforts to resolve the matter were unsuccessful, we have begun trial preparation in earnest,” Nelson wrote.

The firm is seeking an October 2008 trial date, has asked both companies to identify spokespersons for deposition and is preparing evidence and gathering expert witnesses for the trial.

Nelson said both companies have agreed to an October trial date.

During the month of April both companies are scheduled to inspect the facility. The current-day cost estimates for the repair of the lagoon system is also expected this month.

“At that point, we will invite Steelman-Duff and E&H Engineering to mediate the case, in hope of reaching a settlement and avoiding a costly trial. We would not expect that to occur before August…” Nelson wrote in his letter to the city.