The family of two children who died when their car crashed into a retention pond in Mishawaka in December OF 2019 has filed a civil lawsuit against St. Joseph County, the City of Mishawaka, and other entities.
According to the lawsuit, Brooke and Christopher Kleven are suing for the events leading up to and during the incident that claimed the lives of four-year-old James and two-year-old Natalie and injured Brooke Kleven and her three-month-old son Hendrix.
It was on the afternoon of New Year’s Eve, 2019, when Kleven and her three children were in a minivan on University Drive when the van slid off the road and into a retention pond.
The weather at the time was nasty. Road conditions were less than ideal.
According to police, Kleven and the two children were submerged in the water for several minutes before they were removed.
The suit has been filed under the Child Wrongful Death Act, according to 95.3 MNC’s reporting partners at ABC 57.
5 comments
From the linked article:
“According to case documents, the family is suing the following entities:
St. Joseph County for allegedly failing to train employees.
St. Joseph County – Monell Claim – for custom, police and practice for employees.
St. Joseph County for allegedly committing “negligent, grossly negligent and/or reckless acts and/or omissions” in training employees.
Jeffrey Downey, who was a telecommunicator for St. Joseph County, for alleged “deliberate indifference and/or reckless disregard of plaintiffs’ constitutional rights”
Jennifer Stitsworth, who was also a telecommunicator for St. Joseph County, for alleged “deliberate indifference and/or reckless disregard of Plaintiffs’ constitutional rights”
City of Mishawaka for allegedly committing “grossly negligent and/or reckless acts and/or omissions” for approving the placement of the retention pond and not adding barriers around the pond.
Clay Township for allegedly committing “grossly negligent and/or reckless acts and/or omissions” in relation to the emergency crews who responded to the scene.
Great Lakes Capital Management LLC for allegedly committing “careless and negligent, acts and/or omissions” in relation to the maintenance of the retention pond.
Bradley Company, LLC for allegedly committing “careless and negligent, acts and/or omissions” in relation to the maintenance of the retention pond.
Motorola Solutions, Inc. for allegedly committing “negligent, grossly negligent and/or reckless acts and/or omissions” in relation to the technology used when emergency crews responded to the scene.”
How exactly were “Constitutional rights” violated? What did any of those people have to do with it, especially with something as generic as “negligent, grossly negligent and/or reckless acts and/or omissions”? How about suing the person who actually drove the minivan into a frozen pond? Everyone else didn’t seem to have any problem not driving into it.
These people have suffered a terrible loss, but those were children, not a payday.
thank you for this good information
You forget that family members of these people are on the internet as well. You also don’t know the facts of the case, just the lawsuit allegations. Go be a keyboard warrior somewhere else.
It is so sad and so costly to society these lawsuits Government can not prevent every hazard How many of the RESCUE WORKERS have been traumatized going into that ice cold water TRYING to rescue children only to carry out their life less bodies? You do not see them suing for their exposure to a tragedy I think folks do this ( sue for two reasons – by blaming someone else and not themselves it lessens their guilt ( remember Grandpa dropping the baby 11 stories from a cruise ship? And the money If someone sues for no money but to improve safety, well, that is another matter that does help My absolute condolences to the family I too have lost a child
That is a very interesting point about suing to lessen guilt – sort of a process to enable denial, since it must be someone else’s fault. Great comment!