Snohomish County dismissed from Oso mudslide lawsuit

EVERETT — Snohomish County has been dismissed from a lawsuit brought by people harmed in the Oso mudslide.

Plaintiffs’ attorneys signed paperwork Wednesday agreeing to the dismissal but reserved their right to appeal.

The case remains active against the State of Washington and the Grandy Lake Forest Associates timber company, with a trial set to begin next month. The plaintiffs are trying to prove that the defendants, through action or inaction, contributed to the catastrophe.

Family members of people who were killed in the slide, along with others who were injured or lost property, had sought to hold county officials liable for failing to adequately warn them of the dangers posed by the hillside that loomed over their neighborhood. The slope gave way in March 2014, killing 43 people when debris surged over the North Fork Stillaguamish River and the Steelhead Haven community.

A judge issued a ruling in June that barred most plaintiffs in the case from pursuing claims against the county. King County Superior Court Judge Roger Rogoff said that only those who attended a March 2006 meeting, or those “who relied on the substance” of information shared at that meeting, could press claims that they received insufficient warning. County officials had called the meeting with people who lived in Steelhead Haven to discuss flooding and other risks after a slide blocked the river.

The county’s dismissal from the case is not a settlement. No money was paid out. Plaintiffs can try to bring the county back into the case if they appeal Rogoff’s pre-trial rulings.

“The value of that claim weighed against the cost of trial and expenditure of judicial resources makes it inadvisable to pursue at this time,” wrote Karen Willie, a Seattle attorney representing some of the plaintiffs, in court paperwork.

Snohomish County chief civil deputy prosecutor Jason Cummings issued a statement emphasizing the human toll of the mudslide and the community’s response to it.

“The 2014 landslide was a tragic, natural disaster and many suffered the loss of loved ones, significant personal injuries, and the destruction of their properties,” Cummings wrote. “The County recognizes the tremendous efforts of the citizen volunteers and the local, state, and federal employees who were involved in the immediate rescue efforts and the long-term recovery efforts.”

The county’s lawyers expect an appeal and are preparing for it.

“The County believes the trial court’s rulings were well-reasoned and in accordance with Washington state law, and will continue its defense in the appellate court,” Cummings wrote.

John Phillips, a lawyer for the injured parties, said they intend to appeal and prove that the county shares in the blame.

The Oso lawsuit is believed to be the state’s largest-ever wrongful death case.

In August, plaintiffs’ attorneys asked for sanctions after discovering that the state’s expert witnesses had decided to regularly delete emails that should have been turned over during pre-trial discovery. A judge is reviewing internal emails to decide whether to impose sanctions.

Attorney General Bob Ferguson has acknowledged the mistake and vowed to turn over any deleted emails that can be recovered. Ferguson also has promised an internal investigation of what went wrong.

Noah Haglund: 425-339-3465; nhaglund@heraldnet.com. Twitter: @NWhaglund.

Talk to us

More in Local News

Members of South County Fire practice onboarding and offboarding a hovering Huey helicopter during an interagency disaster response training exercise at Arlington Municipal Airport on Tuesday, June 6, 2023, in Arlington, Washington. The crews learned about and practiced safe entry and exit protocols with crew from Snohomish County Volunteer Search and Rescue before begin given a chance to do a live training. (Ryan Berry / The Herald)
Snohomish, King counties train together for region’s next disaster

Dozens of agencies worked with aviators Tuesday to coordinate a response to a simulated earthquake or tsunami.

Police stand along Linden Street next to orange cones marking pullet casings in a crime scene of a police involved shooting on Friday, May 19, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Lake Stevens man identified in Everett manhunt, deadly police shooting

Travis Hammons, 34, was killed by officers following a search for an armed wanted man in a north Everett neighborhood.

Ciscoe Morris, a longtime horticulturist and gardening expert, will speak at Sorticulture. (Photo provided by Sorticulture)
Get your Sorticulture on: Garden festival returns to downtown Everett

It’s a chance to shop, dance, get gardening tips, throw an axe and look through a big kaleidoscope. Admission is free.

Funko mascots Freddy Funko roll past on a conveyor belt in the Pop! Factory of the company's new flagship store on Aug. 18, 2017.  (Dan Bates / The Herald)
Lawsuit: Funko misled investors about Arizona move

A shareholder claims Funko’s decision to relocate its distribution center from Everett to Arizona was “disastrous.”

Lynnwood
1 stabbed at apartment in Lynnwood

The man, 26, was taken to an Everett hospital with “serious injuries.”

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. Highway 2 near Index, Washington. (Ryan Berry / The Herald)
Red flag fire warning issued west of Cascades

There are “critical fire weather” conditions due to humidity and wind in the Cascades, according to the National Weather Service.

A house fire damaged two homes around 1:30 a.m. Tuesday, June 6, 2023 in Marysville, Washington. (Photo provided by Marysville Fire District)
Fire burns 2 homes in Marysville, killing 2 dogs

Firefighters responded to a report of a fire north of Lakewood Crossing early Tuesday, finding two houses engulfed in flames.

Snohomish County vital statistics

Marriage licenses, dissolutions and deaths.

An external audit listed over 100 recommendations, such as getting body cameras, minimizing excessive traffic stops and hiring more officers, for the Edmonds Police Department. (Edmonds Police Department)
Police: Man impersonating Edmonds officer pulls over citizen

The man wore a vest that said “sheriff” and claimed to be an Edmonds police officer.

Most Read