Appeals court upholds ruling in child's drowning
Eagles lodge judged liable in child's death in facility septic tank
April 25, 2004
By Steve Pardo / The Detroit NewsHOWELL — The Michigan Court of Appeals has upheld an $8.3 million judgment against the national Fraternal Order of Eagles stemming from the death of a 2-year-old boy who drowned in a septic tank in April 2000.
Kegan McClelland fell into a 3-foot septic tank opening on April 29, 2000, while he and his mother, Lacy Harter, were at a fund-raiser picnic at the Howell Eagles lodge on South National St.
A member of the local Eagles organization had replaced a concrete lid covering the septic tank with a plastic lid but failed to fasten the lid. The 7-foot-deep tank was uncovered when Kegan fell into it. Howell firefighter Andrew Daus dove into the waste-filled tank and, by feeling around, found Kegan, but firefighters couldn’t revive the boy.
Southfield attorney Geoffrey Fieger successfully argued in the 2001 lawsuit that the local and national organizations were negligent in the boy’s death.
Attorneys for the Eagles had appealed the jury verdict, saying the national organization shouldn’t be held liable for actions at local chapters. The appeal also contended that the trial court improperly ordered a default judgment against the Eagles because of errors made concerning the extent of the organization’s insurance coverage. Also, the appeal said a poem about organ donation meant to eulogize Kegan that was read during closing arguments tainted the jury.
The Court of Appeals justices disagreed with the arguments.
Eagles attorney John P. Jacobs of Detroit said he “respectfully disagrees” with the appeals court ruling and feels ultimately the state Supreme Court could decide the issue.
“I’m very confident that the Supreme Court is going to issue a new trial,” Jacobs said. He said if the case goes to the Supreme Court, he suspects it would be “decided squarely in favor of the fraternal organization.”
Neither Lacy Harter or the boy’s father, Mike McClelland, could be reached for comment. They have yet to receive any payments in the case.