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Volume 4, Issue
No. 7
July, 2002
NE0207 # 13 -- UPDATE - Premises Liability - Toddler Drowns in
Septic Tank - $975,000 Total Settlement
Estate of Kate Lyn Felten,
vs.
Versteegh Roto-Rooter and Teen Challenge of the Midlands.
District Court, Jasper County, Iowa
Plaintiffs Attorney: William E. Gast.
Defendant's Attorney: John Telleen (IA) for Versteegh; Jeff
Jeffries (IA) for Teen Challenge.
Defendants Insurance: General Casualty Co. for Teen
Challenge; Society Ins. Co. for Versteegh.
Plaintiffs Experts: Jim Belina, Science and Engineering.
Defendant's Experts: None disclosed.
Decedent's Age: 3 yrs., 4 mos. Work: Child.
Facts: Decedent Kara Lyn Felten, a 3-year-old female toddler,
drowned after falling into a septic tank with an improperly fitted
(too small) lid or cap. The septic tank, located on property
owned by Defendant Teen Challenge, was serviced every other month
by Defendant Versteegh Roto-Rooter. In May, 2000, during a
regular service call Versteegh noticed the lid of the septic tank
was broken and advised Teen Challenge that the lid needed to be
replaced. A Teen Challenge employee purchased a replacement lid,
which was noted to be too small when placed on the opening of the
septic tank. The employee admitted that the lid was "loose" at
the time he replaced it, but said nothing to anyone. Versteegh
again serviced the tank on July 31, 2000, at which time the
ill-fitting lid had to be taken off and then replaced. Versteegh
and Teen Challenge witnesses disputed whether Versteegh at this
time made any comments about the improperly fitted lid, which was
essentially "balanced" atop the tank opening. On August 16, 2000,
Kara Lyn went suddenly missing, causing an immediate and frantic
search by both of her parents and several other people. After
about 15 minutes another resident of the premises noticed that the
septic tank lid was missing, and quickly spotted a small hand
inside the tank. The child was pulled from the tank in the
presence of her parents and older sister, who also witnessed
futile efforts to resuscitate the child, which were complicated by
the substance in which she had been immersed. The lid was later
found by authorities at the bottom of the septic tank.
Medical Bills: $5,406, plus funeral expenses of $5,524.
Lost Wages: None.
Settlement: As reported in the October, 2001, issue of
Nebraska Verdicts & Settlements, this case settled
with Defendant Teen Challenge for $600,000, part of which was
structured. The claim against Versteegh remained pending at that
time, with trial scheduled for August, 2002. Plaintiffs recently
settled the claim against Versteegh for $375,000, making a total
settlement with both Defendants of $975,000.
Note: Counsel commented on the unusual degree of pre-death
emotional pain and suffering caused by the Decedent's being
trapped and drowning in sewage, as well as the bystander claims of
the parents and older sibling.
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