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LOGAN — Two lawsuits filed following a canal breach that killed a mother and her two children in 2009 have been settled.
Victor Alanis sued Logan City, Logan and Northern Irrigation Co., Utah State University, the Utah Department of Transportation and Eric Ashcroft in 1st District Court for wrongful death, claiming the entities were aware of the danger but failed to take adequate action. The city, UDOT and the company own and operate the canal and land around it. USU owns the hillside.
Alanis' two children, Victor Alanis Jr., 13, and Abbey Alanis, 12, and his common-law wife Evelia Jacqueline Leavey, died when the canal above their home broke July 11, 2009, sending a torrent of water and mud down the hillside. Victor Alanis was away from home at the time.
Alanis reached agreements in late February with all the defendants except Ashcroft, who owns the home Leavey rented, according to court documents.
"The landslide 'flattened' the residence and buried the family alive," the lawsuit states.
Various studies showed the bluff that held a portion of the Logan Northern Canal was hazardous and prone to landslides, according to the lawsuit. Despite being notified in the days before the excessive water and runoff breached the canal, the defendants failed to adequately inspect the area or warn residents of the potential danger, the suit said.
Leavey's next-door neighbor, Sean Bartschi, also filed a lawsuit against the city, the canal company and UDOT after his home was damaged. He settled his claim in late March, according to court records.
Bartschi alleged the city and UDOT knew for years of a potential canal failure, but did not warn homeowners.
He bought his house in January 2007 as an investment and rented part of it out. It was flooded on two levels with runoff from the canal break. Debris from the ensuing mudslide filled the kitchen, living room, family room and basement.
Parties in the lawsuits were not immediately available for comment Monday.
Email:dromboy@ksl.com
