DeKalb County/Afton Township v. Enbridge Energy/Welded Construction
Case No. 11 L 99 (Keslinger Road Bridge)
Keslinger Road Bridge Out
Picture from www.nosuchthingaswas.com
DeKalb County State’s Attorney Richard Schmack and Afton Township Attorney Gary Lothson, in conjunction with DeKalb County Board Chairman Jeff Metzger, today announced a final settlement of the Keslinger Road Bridge case, which will ensure adequate funding for the complete repair of the damaged bridge, which collapsed on August 19, 2008, at no cost to local government. These funds have already been transferred to the County and the Township, from Enbridge Energy, and it is anticipated that repairs will be complete before the end of 2014. Accordingly, the court case was dismissed late yesterday.
The case was prolonged primarily due to two factors. First, the bridge, though well-maintained prior to its collapse, had been in place for many years. As a result both defendants argued that they should be responsible for only the depreciated value of the bridge, rather than the full cost of repair, a concept familiar to anyone who has ever filed an insurance claim. Second, there were two defendants. Enbridge, an energy company, is engaged in the operation of pipelines, and has a permanent, ongoing presence in the counties and townships through which its pipelines run. Welded Construction was contracted by Enbridge to build the pipeline, and it was Welded’s truck traffic which the Plaintiffs have always contended caused the collapse of the bridge. These two companies, and their attorneys, obviously had differing obligations and strategies, and different views of ultimate responsibility. This situation was a major complicating factor leading to the protracted litigation.
Settlement discussions moved forward in recent months, as the Plaintiffs and Enbridge began to pursue a more public-spirited dialogue, moving beyond the fine legal points and embracing the needs of the citizens of Afton Township and DeKalb County as a whole, recognizing that Enbridge is, and will remain, a corporate citizen of both the Township and the County. This new and constructive dialogue obviously required cooperation by many individuals on both sides, and was facilitated, in particular, by State Representative Bob Pritchard, whose district includes Afton Township.
Schmack and Lothson also noted significant contributions to the successful result from Stephanie Klein, Chief of the Civil Division in the State’s Attorney’s Office, Nathan Schwartz, County Engineer, Jack Walker, Afton Township Highway Commissioner, Cliff Hammett, his predecessor, and then Chief Deputy Sheriff Kevin Hickey, whose exhaustive report on the circumstances leading to the bridge collapse was a major resource in the litigation.
For further information contact:
Regarding the litigation:
Stephanie Klein at (815) 895-7164 OR Gary Lothson at (815) 756-1436
Regarding engineering issues:
Nathan Schwartz (815) 756-9513
Enbridge Energy, Limited Partnership
Jennifer Smith
219-864-5466
jennifer.smith@enbridge.com
Click Here To Submit A News Tip Or Story