Glenoma mudslides. / Courtesy photo Washington State Department of Natural Resources
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – Almost four years ago, while the public’s attention was turned to predictions of flooding on major rivers in Western Washington, forecasters were warning the coming heavy rains would swell small streams and increase the likelihood of landslides.
In Morton, an estimated three feet of snow on the ground melted down to two in about 12 hours.
Rain-saturated snow collapsed roofs. Creeks and rivers overflowed and changed courses and hillsides of trees and mud slid into houses, yards and across roadways.
It was Jan. 7, 2009.
Interstate 5 was closed from exit 68 and to the north through Lewis County because of water over the freeway. At the same time, U.S. Highway 12 between Morton and Packwood was shut down with multiple mudslides.
The Glenoma area was especially hard hit.
Lawyers representing 11 families wrapped up closing arguments in Lewis County Superior Court today in a trial in which a timber company is being asked to repay them for the damages.
Seattle-based lawyer David Bricklin contends Menasha Forest Products, purchased in 2007 by The Campbell Group based in Portland, clear cut a steep unstable slope above Glenoma causing a number of properties to be buried by mud on Jan. 7, 2009.
Menasha’s attorney Bud Fallon says the huge storm with an unprecedented amount of water started a process of erosion which caused great damage. But no one was hurt, and no one was killed, Fallon said.
The trial began Nov. 1 before Judge Nelson Hunt.
The “harvest unit” in question was about 118 acres of Douglas Fir clear-cut in the year 2000, according to Fallon.
Fallon spoke to the jury today of multiple slides that ripped whole trees from the ground, and sent boulders, rocks and 16,000 cubic feet of soil down the hillside.
He said Menasha followed the logging rules set by the Department of Natural Resources.
“This isn’t a landslide, you can see clearly this is erosion,” he said. “The run off would have been the same whether the harvest occurred or not.”
The plaintiff’s attorney Bricklin argued it was a big storm, but one that could have been anticipated and taken into account.
The huge storm of 1996 didn’t cause anything similar, he said.
“What’s different between 1996 and 2009?” Bricklin asked. “One difference of course is the fact it’s been clear-cut.
“The geology didn’t change, the slope didn’t change, but the vegetation on it did.”
Bricklin noted some unique features on this site, such as slopes higher than 31 percent situated directly above homes.
“Menasha was willing to take the risk,” he said.
Olympia attorney Robert Wright filed the lawsuit in November 2010 on behalf of Glenoma residents Jerome and Bessie Hurley and others. The plaintiffs involved in the case were affected by the Martin Road slides.
Bricklin said they are asking Menasha to cover in the neighborhood of $100,000 to $750,000 per family.
Jurors began deliberating just after 3:30 p.m. today and will resume in the morning.
Seven of the original plaintiffs – from around the Lunch Creek area – will see their case go to trial in April of next year.
The Roadside Inn Tavern on U.S. Highway was destroyed during the same storm from a different mudslide, according to Wright.
Another suit filed by Wright is pending, involving Manke Timber Co. and five individuals who lived on Bear Mountain Road on the south side of the Tilton River near Morton.
Tags: By Sharyn L. Decker, news reporter
we were cleared with our attorney that we stated infact, it was the insurance company.
In the case of the citizens of glenoma, in which their were 11 families devestated, 20 different lives vs. manasha/campbell group insurance company attorney’s one of the largest timber industries in the world, it really comes as no surprise to me that we lost the suit. in my opinion it was just another of many cases of large corperate greed. in which, the 98% suffers while the 2% profits.
The basis on which, i say this is as follows, are attorney dave bricklin did an excellent job at showing the jury questionable readings made by manasha/campbell group”s geologist also the clearcut on a controversial location. The company knew of the weather adversity in this area. They were aware that it was above the town of Glenoma. They were also aware these mountains are prone to slide. They were willing to gamble with our lives and destruction of our homes and property for capital gain. In which they won and we lost not just once from the destruction of the mudslide but also a second time, we tried to defend our rights in court and lost as well, which leads me to believe that justice and equality is only in this day and age for the rich also known as the 2%ers., and the 98%ers are mere stepping stones regardless of the consequences for the 2%ers.
I would also like to say that we contacted the timber companies on 3 different occasions pryer to the suit for help but was refused. We tried Fema but were refused. We tried the coalition which is a volenteer help organization and it took them 6 months before we received any help, in which case most of the damage was taken care of, we also had insurance coverage but were denied full coverage due to exclusions, we were paid a fraction of the cost of cleanup bids.
I also spoke to a member of the courthouse one day pryer to the jury verdict, who showed concern as to how the plantiffs will pay their attorney fees, which i found if not questionable at least somewhat curious.
The defendant’s experts were paid as much as 1200.00 dollars an hour seemed to only state things beneficial to manasha/campbell insurance companies and left out anything beneficial to show any damages to plantiffs. There were lies and false truths on their behalf.
An example of one real estate appraiser for manasha/campbell insurance company Nadyne Tauscher stated that flood plain property was more valuable and sold quicker then non flood property. “Only if you were an idiot.” but these type of lies given by manasha/campbell expert witnesses. I also learned it was manasha/campbell insurance company’s we were fighting who made it a stipulation the jury was not to know insurance company’s were involved. Which was a clever attempt to avoid paying claims by hiding behind business in an economy struggling at this time which would naturally set prejudice into any jury.
Especially in this area where timber is a large source of income. What was spent on the case to defend manasha/campbell insurance company would i am sure have covered all damages to the victims and plus money to spare.
I have spoken on a number of occasions to the local inhabitants in this area not involved in this case about this matter and received with anger and prejudice towards the plaintiffs and supports to manasha/campbell insurance company which in one case word for word was as follows, “You people are threatening our jobs and livelyhood.” So now I ask you this what chance would we stand against the community with prejudice which leads me to believe that this could have been at least one of the reasons there was an unquestionable 100% not guilty verdict on behalf of manasha/campbell group insurance company.
to the 98%ers out there I say this, “If we don’t stand up soon against giant corperations we will become simply a slave class of people which in my opinion is their ultimate goal.
And in closing I would like to say to Bud Fallen manasha/campbell insurance company attorney, “My hat is off to you sir, the way you took distraught victims and turned them into criminals and liers, on the stand was brilliant, Just one question, How do you live with yourself? May god forgive you, I know alot of the victims will find it hard too. Mr. Fallon there will come a time when you are on trial from a higher source when you will find your silver tongue will do you know good.
As for the jurer’s here is to hoping you never go through what we had to, have to appear before a jury who sides with a heartless faceless corperation, whose guilt was plainly shone. Just remember those people who suffered are ordinary people just like you, what if it were your parents, your brothers, your sisters, your neighbors, or even you, this corperation put us off for 4 years before we got our day in court, after 4 years we had to indure 6 weeks of very stressful precedings. It is my opinion it was their stratagy that we would back away from the claim,or move away, in either case, we would not make it into court. It would have made no difference with these corperations as far as local jobs the corperations would still be just as agressively persuing capital gain in any event. we did not ask for any of it.
Our children suffered as well and was not allowed any representation or to be mentioned which is heartless by manasha/campbell insurance company .
As to David and Anne Bricklin and Robert Wright, from all the plaintiffs, we thank you from the bottom of our hearts, and keep fighting the good fight.
That last comment is as stupid as that jury decision. We’ve had the same kind of weather before but no landslides. That is because the land had not been logged when they happened. There were 10 landslides that day in that one clear cut. And what do you mean about not having to deal with the hardships years later? It’s been 4 years and the mess is still here.
Timber Companies have been screwing the little guy over for years. They come in with their big shot lawyers and leave the basic property owner F%$Ked. Lets hope the little guy gets the clean up money he deserves.
dah! Every mudslide in the Glenoma area came out of a steep clearcut.
Cost the taxpayers millions to open highway 12 and cleanup.
So they made thousands stripping the hillsides for lumber and the taxpayer paid millions to deal with their mess.
Sorry but too bad these people didn’t live in the Chehalis Valley and had to endure the hardships years later. Filing a law suit for legally logging your property by the laws (in this county) is silly. But that is what this country has come too. Sue somebody, this way you don’t feel the effects of Mother Nature, your pocket book is full now.