Snohomish County wins key battle in Oso mudslide lawsuit

OSO — A King County judge this week significantly reduced the ability of people harmed in the Oso mudslide to claim Snohomish County officials failed to adequately warn them of the risks connected to where they made their homes.

In a written ruling Monday, King County Superior Court Judge Roger Rogoff held that only those who attended a March 2006 meeting, or those “who relied on the substance” of information shared at that meeting, can press claims that they were insufficiently warned.

Snohomish County officials called the 2006 meeting with people who lived in the Steelhead Haven neighborhood to discuss flooding and other risks after a slide blocked the North Fork Stillaguamish River that year.

Plaintiffs’ lawyers contend the county called the meeting to warn about landslide risks. The county, meanwhile, claims that people at the meeting were told the government no longer would provide them with protection from likely future flooding. It also asserts that landslide activity linked to that flooding was unpredictable.

The law is clear that the county only can be held responsible for what it promised to do, Rogoff ruled.

“No evidence exists that the county promised to monitor the slide, further investigate the slide or do any other act that would enhance its warning abilities,” the judge wrote. “The county owed no duty to engage in further affirmative acts to improve its ability to warn. Rather, the county owed a duty to adequately warn the residents of Steelhead Haven based upon the information they had at the time they affirmatively acted to do so.”

In all, 43 people were killed and dozens of others injured in March 2014 when a wall of mud and trees raced across the Stillaguamish River valley.

Lawyers representing the families of those harmed have argued that county officials knew, or should have known, that the hillside above Steelhead Haven was dangerously unstable. Key to their claim are numerous studies of slides at the site, some dating back decades.

The county has countered that none of the reports gave them a clear warning that the hillside was poised to collapse in 2014 with such disastrous consequences. Moreover, the county and other parties being sued contend there was more opinion than science behind one expert’s 1999 report that hinted at the potential for a huge slide.

The Oso litigation is believed to be the state’s largest-ever wrongful death case. Karen Willie, one of the attorneys representing the plaintiffs’ families, declined to talk about the implications of this week’s ruling.

“I am not comfortable discussing a judge’s order when there’s active litigation,” Willie said.

Earlier in June, the judge ruled that the county, state and a timber company being sued in the case may ask jurors to consider that the disaster was an “act of God,” and that those harmed may also bear some responsibility through contributory negligence.

Trial in the case is set for fall.

Attorneys for the state and county earlier asked for more time to consider the results of drilling that state experts conducted over the past year in an effort to better understand the geology of the hillside and how water moved through the ground. The work has raised questions about some widely held theories, including the suggestion that logging over the years was a primary reason that water saturated the hillside and triggered a collapse.

Scientific examinations of the area since the 2014 slide paint a complex picture, including signs that similar giant slides have occurred repeatedly in that valley since the Ice Age.

Scott North: 425-339-3431; north@heraldnet.com. Twitter: @snorthnews.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Home

A view of one of the potential locations of the new Aquasox stadium on Monday, Feb. 26, 2024 in Everett, Washington. The site sits between Hewitt Avenue, Broadway, Pacific Avenue and the railroad. (Olivia Vanni / The Herald)
Initial prep work for AquaSox stadium to start, with $200k price tag

The temporary agreement allows some surveying and design work as the city negotiates contracts with designers and builders.

The Joann Fabric and Crafts store at 7601 Evergreen Way, Everett, is one of three stores in Snohomish County that will close as part of the retailer’s larger plan to shutter more than half of its stores nationwide. (Aaron Kennedy / The Herald)
Joann store closure plan includes Everett, Arlington, Lynnwood locations

The retail giant filed a motion in court to close approximately 500 stores in the U.S.

Lynnwood
Lynnwood police: 1 suspect in custody, 1 at large after attempted carjacking

Beverly Elementary School went into a precautionary lockdown Thursday afternoon. Numerous officers continue to search for the second suspect.

Candidates announce campaigns for Everett city council seat

Ryan Crowther, founder of the Everett Music Initiative, will challenge incumbent Paula Rhyne for the District 2 seat.

Lynnwood City Council Vice President Julieta Crosby speaks during a Lynnwood City Council meeting on Wednesday, Nov. 20, 2024. (Olivia Vanni / The Herald)
Lynnwood picks top eight candidates to replace former council VP

The City Council will make its final decision Feb. 20 after interview process.

The peaks of Mount Pilchuck, left, and Liberty Mountain, right, are covered in snow on Wednesday, Feb. 12, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Western Washington’s current winter drought may not last through the season

Even with last week’s snow flurries, there’s no denying this… Continue reading

A pedestrian is struck and killed by vehicle Wednesday in Everett

The pedestrian was a man in his 60s. The collision happened at 5:30 a.m. on Broadway.

A view of a homes in Edmonds, Washington on Friday, Sept. 8, 2023. (Olivia Vanni / The Herald)
Snohomish County to mail property tax statements this month

First half payments are due on April 30.

Ticket and ORCA card kiosks at the Lynnwood Light Rail station on Thursday, April 4, 2024 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Beginning March 1, Community Transit to reduce some fares

Riders eligible for reduced fares will pay $1 for a single ORCA card tap and $36 for a monthly pass.

Judge sentences man for role in human smuggling ring

Jesus Ortiz-Plata was arrested in Everett in May 2024. A U.S. District Court judge sentenced him to 15 months in prison.

The amphitheater at Deception Pass during the 2021 concert series. (Photo provided by Deception Pass Park Foundation Facebook page.)
Deception Pass Foundation seeks Adopt-A-Trail volunteers

If you’re looking for a way to get outside and… Continue reading

Want coffee? Drink some with the Marysville mayor.

A casual question-and-answer session between mayor and constituents is planned for March 24.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.