Suit accuses USU in landslide case
Facing a lawsuit alleging university responsibility in last year’s canal landslide that killed three people, USU legal counsell denied any involvement in an official response submitted Monday Oct. 4.
A landslide occurred on July 11, 2009 that was caused when a canal near the Island neighborhood gave way. A large portion of the property where the plaintiff’s family resided, which was located near 915 Canyon Road, was covered in debris.
USU General Counsel Attorney Craig Simper said the situation is certainly tragic, but the university had nothing to do with the disaster. He said it is the opinion of many that USU is an easy target because of its close proximity with the Island neighborhood property.
According to an official complaint served to USU on Sept. 16, plaintiff Victor Alanis is seeking damages from the university, Logan City, UDOT, Logan Northern Irrigation Company, and the proprieter of the land in question.
Alanis is representing the estates of his children Victor Alanis, Jr. and Abbey Alanis, who died as a result of the landslide. Alanis’ common law wife Evelia Jacqueline Leavey, the children’s mother, also died in the landslide.
Among the allegations listed, the complaint states the defendants, including USU, have “commissioned and/or participated in various scientific studies performed with regard to the bluff’s stability and its potential for landslides.”
“The residence was located on the north side of Canyon Road at the foot of the … bluff, below the Logan, Hyde Park and Smithfield canal, which runs across the slope,” the complaint states, among the factual allegations.
The complaint states the plaintiff “has suffered pain and anguish of mind through the loss of his family and the resulting reduction in the quality of his life.”
According to the official response, USU representatives admit that “studies were conducted” but deny any allegations concerning what the studies were in regards to, due to a “lack of sufficient information.” Representatives also deny that USU had any involvement in events leading up to or circumstances causing the landslide.
USU Risk Manager Joe Dulin said he was not at liberty to discuss ongoing cases, but he was free to discuss the general process. He said cases like this could take years before going to trial.
“You can imagine that we don’t necessarily agree,” Dulin said, regarding the plaintiff’s allegations.
Utah Attorney General Mark L. Shurtleff and Assistant Utah Attorney General Sandra L. Steinvoort are representing USU in the case, according to official documents. Neither Alanis nor his attorneys were available for comment.
– dan.whiteny.smith@aggiemail.usu.edu