Past STATUS
As we previously reported, the State has filed a Motion for Summary Judgment in an effort to dismiss the class action. Over these past several months, we have been very active assembling proof and testimony of experts confirming the State’s negligence. Particularly, we have assembled proof that the State negligently failed to address the known risk of Cryptosporidium, the leading cause of recreational water illness. The record shows that the State’s principal engineer knew about Cryptosporidium, but negligently failed to assess the associated risk to patrons, mostly children, who would ingest water at the Spraypark. Although State personnel lacked the expertise to design a spraypark, proof shows that it failed to seek advice from readily available experts or to access readily available published information to assist in the project.
In support of our Motion, we have assembled a team of experts from various learned disciplines (many of world-class caliber and/or pre-eminent in their fields), who have reviewed the facts and circumstances leading up to the Cryptosporidium outbreak. Collectively, these experts conclude that the State failed to use appropriate care in designing and operating the Spraypark, and that this failure caused thousands to suffer the symptoms and consequences of Cryptosporidiosis. These experts include: Alison Osinski, Ph.D. (Aquatics), Jennifer L. Clancy, Ph.D. (Microbiologist), Herbert L. DuPont, M.D. (Epidemiologist), John R. Dunn, D.V.M., Ph.D. (Epidemiologist), and Timothy A. Gremmer, P.E. (Engineer). Each confirms that the State failed to meet professional and/or industry standards and that the State’s negligence caused the outbreak, which was preventable through the use of readily available technology and human protocols.
As you can imagine, assembling and reviewing this mass of information and processing it, along with our team of experts, has been a very time-consuming effort. It has taken many months to assemble and review the transcripts, exhibits, and expert opinions and prepare a Memorandum of Law in response the State’s Motion. However, we expect to submit our papers to the Court sometime in June.
In the meantime, know that your legal team continues to work vigorously to seek just compensation for all class members.
* The summary judgment hearing has been continued by the Court until January 18, 2012. (The state has requested one last continuance until January 2012)
Judge Midey Lt r -Attn R Timian Esq-072810 (PDF)
Cases Of Recreational Water Illnesses On The Rise (CDC Press release)
Current STATUS
We have now filed with the Court our comprehensive response to the State’s Motion for Summary Judgment. The total filing comprised a stack of paper about 3 inches thick. It is fair to say that we have left no stone unturned in our effort to defeat the State’s Motion and make clear the considerable factual basis for finding that the State was negligent in its design and operation of the Spraypark. In response to our filing, the State has requested 2 months to reply. That moves the date for the Court to consider the Motion to November. In the meantime, we will continue to press the State to discuss possible modes of compensation for all class members.
You can link to the various pleadings we have filed by clicking below
Attorney Affirmation in Opposition to Summary Judgement Motion
Claimants Memo of Law in Opposition to Summary Judgement Motion
Facts and Expert Witness Affidavits
