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A Salt Lake County family is devastated after a judge ruled they can't sue the health department for negligence. The family unknowingly purchased a home that was once a meth lab, but the Salt Lake Valley Health Department (SLVHD) later told them inspectors had declared it was safe to live in. Our investigative team tested the home last year and discovered it was still contaminated with meth.
Today, a district court judge dismissed the Alkinani's lawsuit against the SLVHD, because there's a Utah law in place that protects the agency from liability. It's called Governmental Immunity -- basically the Alkinani's can accuse the health department of negligence, they just can't sue them over it.
"No matter who it affects, it doesn't matter, they're immune to it. They can do whatever they want, you can't touch them, they're immuned," Jaimee Alkinani said.
Jaimee got word today that her family cannot sue the SLVHD, the very agency the Alkinani's say put their health at risk. "The department of the government that is set up to help you with this kind of thing washes their hands of you. What do you do and where do you go? Who helps you?" Jaimee asked.
After a neighbor informed the family they'd purchased a former meth lab, the health department assured them it had been decontaminated, it was even in writing. Then, last spring, we came along and tested the home and found meth contamination all over the place.
The Alkinani's immediately moved out, the health department taped up a warning sign, and the case headed to court. The family accused the SLVHD of negligence, alleging in court documents that the county knew parts of the home weren't properly decontaminated and inspectors had approved a clean up plan that didn't comply with health department guidelines.
But a jury will never get to hear this case because the county won its claim that, as a government agency, it's immune from such lawsuits.
"The man who did the drugs is in prison for his portion of it. I want the county to be responsible for the county's portion of it, because they are responsible for clearing that house that should've never been cleared," Jaimee said.
We left messages with the health department today and never heard back. But the Salt Lake District Attorney's office, which represented the health department, told KSL the judge's ruling is appropriate given the facts of the case.
Here are the facts for the Alkinani's: They can't afford the $40,000 it'll cost to decontaminate the meth home, and it'll go into foreclosure. They spent several months with no place to call home, but now, with the help of family members, they're in a new home that is safe to live in.
E-mail: ddujanovic@ksl.com
