In what is potentially the first case of many of its kind, JPMorgan Chase, Boyce Hydro Power and several other defendants were slapped with a class action on Tuesday in Michigan Eastern District Court. The suit alleges the defendants caused the destruction of property due to mass flooding, citing the May 19, 2020 breach of the Edenville Dam. The court case was brought by Sommers Schwartz P.C. on behalf of a Saginaw County resident, and those who find themselves similarly situated.
On May 19, 2020, the Edenville Dam, an embankment dam located in Gladwin and Midland Counties, Michigan, failed, resulting in catastrophic flooding to areas located downstream. The Edenville Dam failure was so extreme that another dam downstream, Sanford Dam, suffered damage and was also breached, causing areas further downriver to suffer flooding.
The complaint alleges that dam failure resulted in more than 11,000 people living in several counties were forced to flee and seek higher ground. Many homes, businesses and properties were completely destroyed and thousands of others have had their daily lives disrupted by the floodwaters and the continuing damage.
The complaint also sites further damage to the evacuees due to the COVID-19 pandemic, which severely limits the ability of evacuees to find safety outside of their homes.
According to the complaint, the dam breakage and resulting consequences were entirely preventable. The class bringing the action seeks to recover all damages lost.
The case is 1:20-cv-11433, Brooks v. William D. Boyce Trust 2350 u/a/d 10/1908 et. al.
Editors Note: For more information on the Michigan dam breakage check out the article Michigan Flood Puts Privately Owned Dams in Harsh Spotlight.