“Judge Suzanne Hoseth Kreeger denied class action status to a lawsuit against Clear Channel and B93 for the Birthday Bash flooding in the 8th Circuit Court Tuesday,” reports the Ionia Sentinel Standard.
“Attorney John Tallman had sought class action status for the case to determine liability for the vehicles left damaged and destroyed by the June flooding of the Ionia Free Fair grounds.
“Tallman said that Clear Channel and B93 had reason to believe that the fairgrounds were going to flood and that the radio station was negligent in allowing people to park there.
“However, Clear Channel and B93’s attorney Jon March argued the case for comparative negligence, noting that over 200 vehicles left the south parking lot after announcements concerning the flooding were made.”
Ionia County Circuit Judge Suzanne Kreeger will decide whether to certify a class action for people whose cars were flooded at the Ionia County Fairgrounds by the rapidly rising Grand River.
A Grand Rapids radio station, which sponsored an event at the fairgrounds, is accused of providing parking in a flood plain and not paying attention to weather reports about possible flooding.
The rains came and the river rose. Grand Rapids attorney John Tallman, who is seeking the class certification, says more than 1,000 vehicles were damaged.
Clear Channel Communications, which owns the radio station, is pointing the finger elsewhere.
Clear Channel has named Ionia, the Ionia Free Fair Association, Jackson-based Consumers Energy and the National Weather Service as potential other parties. Consumers operates a dam upstream of the fairgrounds.
It intends to file one or more notices of non-party fault, Clear Channel said.
Clear Channel relied on the Ionia Department of Public Safety and others for concert-goers; safety and did not own the parking lot, the company’s representatives have said.
The Grand Rapids Press has the story.