Family of boy who drowned in septic tank wins $8 million
The Associated Press - 11/15/2001
HOWELL, Mich. (AP) -- A jury awarded $8 million Thursday to the family of a toddler who drowned in a septic tank at a Fraternal Order of Eagles picnic.
Two-year-old Kegan McClelland and his family attended the picnic in Livingston County's Marion Township on April 29, 2000. Kegan wandered into a 2-foot-wide hole in the middle of the picnic area that led to a septic tank.
Other children playing near the hole told adults that Kegan had fallen in. Firefighters were at the scene minutes later, but the boy had already drowned inside the tank.
In a lawsuit filed in May 2000, attorney Geoffrey Fieger sought $25 million in damages for Kegan McClelland's family from the local and national Eagles organizations.
Fieger blasted the Eagles Thursday, saying the organization refused to take responsibility for its negligence.
"This was a hole in the middle of a playground at Family Fun Day. Can you imagine?" Fieger said.
Women answering phones at the Howell Eagles club and at the Eagles headquarters in Milwaukee said no one was available to comment.
Fieger said the jury awarded $2.75 million to Kegan McClelland's mother.
The rest of the award will go to his estate, which includes his father
and grandparents, Fieger said.
Eagles sued over boy's death
Fieger seeks $25 million after 2-year-old drowns in septic tank
May 23, 2000
The family of a 2-year-old who died after falling into a septic tank will file a $25-million lawsuit today against a national organization and two local businesses.
Kegan McClelland of Marion Township fell into an uncovered septic tank April 29 at a picnic fund-raiser for the Fraternal Order of Eagles at their facility on South National in Howell.
The family's high-profile lawyer, Southfield attorney Geoffrey Fieger, said he would file the lawsuit in Livingston County Circuit Court against the local and national Eagles organizations plus Harris Septic Tank Cleaning and the D&J Gravel Co.
"The facts of this case are more upsetting than anything," said Fieger, a former radio talk show host and gubernatorial candidate. "Here are a lot of children playing around a tank that's covered by something that's no more than a plastic garbage lid.
"This is an obvious case of gross negligence. It simply boggles the mind to think that the septic tank on the Eagles' property was left uncovered just to simplify the pumping process when there were small children in the area for a picnic."
Kegan's parents, Lacy Harter and Mike McClelland, declined to comment. George Miller, a Philadelphia attorney for the national Eagles organization, said: "I'll reserve my comments until we are served or I see the filings."
The boy fell through the tank's riser, a 3-feet diameter circular opening that provides for maintenance access. The riser is close to the ground and usually covered by a plastic lid attached with screws or a heavy concrete cap.
Dale Harris, 48, whose family has owned Harris Septic Tank for nearly 40 years, said he expected Fieger to file the lawsuit, but claimed his company is not liable for the tragic accident.
"I wasn't there the day of the accident. -- I completed my work the week before," said Harris. "I expected him (Fieger) to do this because he's out for the publicity. I performed a service the week before and I don't feel any liability.
"The plastic lid was on the septic tank but it wasn't bolted down. I did my job and put the lid back the way I found it."
Harris explained that the septic tank had been recently renovated by D & J Gravel Co., which put in what is called a riser to bring the tank opening to ground level to make it easier for cleaning.
Once in place, the corrugated plastic riser is then topped with either a plastic top that can be secured with bolts or a concrete cap. Since the accident, the septic tank has been covered with a concrete cap.
Harris said he services many similar septic tanks where the plastic cover, which weighs about five pounds, is not secured by bolts but merely rests on top of the riser.
David Jonckheere, the owner of D & J Gravel in Howell, was out of town and unavailable for comment.
Fieger filing suit in septic tank death
May 17, 2000
Livingston County, Michigan
Attorney Geoffrey Fieger will be representing the family of a Howell boy who drowned in a septic tank last month.
Fieger said Monday that his office will be filing a lawsuit on behalf of Kegan McClelland’s mother, Lacy Harter, but would not comment against whom the suit would be filed.
Fieger said a press conference would be scheduled.
Harter could not be reached for comment before press time.
Kegan, 2, drowned on April 29 after falling into the uncovered septic tank during a fund-raiser picnic at the Howell Fraternal Order of Eagles on National Street in Marion Township.
The tank’s concrete lid had been temporarily replaced with a lightweight fiberglass covering because the tank was having to be pumped on a regular basis, Dianne McCormick, director of environmental health for the Livingston County Health Department, said in an interview after Kegan’s death.
According to officials who responded to the scene, the tank was almost
level with the ground and less than 3 feet in diameter. The tank was full
and approximately 6 feet deep when Kegan fell in.