$17 Million Wrongful Death Suit Against Wastewater Operator Dropped

A wrongful death lawsuit against the city of Gatlinburg, TN, and its wastewater facility has been dropped.

The city and the operator were sued by the families of a pair of workers who were killed by a collapsing basin wall at the Gatlinburg Wastewater Treatment Plant, the Times Free Press reported.

"The plaintiffs' attorney, Bob Pryor, said his clients asked the judge to dismiss the claims against the city and plant operator Veolia Water North America. Media report the judge signed the order," according to the Associated Press.

"The families of John Eslinger, 53, and Don Storey, 44, both of Sevier County, who died April 5, 2011, filed wrongful death lawsuits in Sevier County Circuit Court nearly [three] years ago," the Knoxville News Sentinel reported.

Seeking $17 million, the lawsuit had previously targeted the city of Gatlinburg, Crowder Construction Co. of Charlotte, NC, Vaughn and Melton Consulting Engineers, Carpenter Wright Engineers and Veolia Water North America.

"According to a report from the federal Occupational Safety and Health Administration, the collapsed basin was constructed of masonry noncombustible materials, was reinforced with rebar. According to the last journal entry the day of the collapse, the basin held 1.3 million gallons of wastewater and was 85 percent full," the Knoxville News Sentinel reported.

When state officials investigated the incident, they found no safety violations. They said "a deficiency in the concrete wall construction of the basin was to blame for its failure," according to the report.

Following the collapse, "millions of gallons of largely untreated sewage spewed into a river," The New York Times reported. "Drinking water in Gatlinburg was not contaminated, but residents were being warned to stay away from the river water."