It was a quiet courtroom Monday when a wrongful death lawsuit filed by the heirs and next-of-kin of Joe Harlow was officially settled.
Settlement reached in suit filed by St. Paul sewer worker's family
The city of St. Paul and a consulting firm were sued after a worker was swept away during a sudden downpour. Another victim's family also may file suit.
March 10, 2009 at 1:56AM
Attorney Harry Sieben stood alone in the 12th-floor room before Ramsey County District Judge Gregg Johnson as a case involving one of the city's most incomparable tragedies came to a close.
Harlow, 34, was one of two sewer workers swept to his death when a sudden downpour flooded the St. Paul sewer system on July 26, 2007.
Johnson allowed terms of the settlement to be kept private.
Harlow's family sued the city of St. Paul and Charles A. Nelson & Associates Inc., doing business as CNA Consulting Engineers. CNA was the company that contracted with the city to repair the storm tunnels. Harlow and Dave Yasis, 23, the other victim, were employed by Lametti & Sons of Hugo, which did the actual sewer rehabilitation work.
The case had been scheduled to go to trial in April. Harlow's family is "very glad it's over," Sieben said after a short court hearing. "They like the feeling of having all aspects of this terrible tragedy put to rest," he said.
Minutes earlier, Sieben told Judge Johnson that Harlow's widow, Sara, of Plainview, Minn., had prepared a "petition for distribution" that specified who would receive financial compensation and how much each would receive. Johnson had reviewed and signed the settlement by mid-afternoon.
Harlow of Plainview, Minn., and Yasis of Maplewood died when the mid-afternoon downpour carried them from the tunnels in the city's Frogtown area into the Mississippi River. They had been among six workers who gave up waiting for a slow crane-and-hoist system in the "Avon shaft," rushing instead for a ladder more than two blocks away. Four employees made it up safety, and then noticed that Harlow and Yasis were missing.
Besides his widow, Harlow left behind three children, ages 10, 6 and 4; his parents, who live in Kellogg, Minn., and five siblings. Their lawsuit alleged that CNA "negligently and carelessly caused" Harlow's death by failing to maintain a safe work environment. It contended that the city, as owner of the tunnels, was "vicariously liable" for CNA's actions.
"This was a very tragic event and everyone in the city was deeply saddened by the loss of life," St. Paul City Attorney John Choi said Monday. "I cannot comment on the specifics of the settlement other than to say that city will not be paying anything toward the settlement because CNA agreed to indemnify and hold the city harmless for any losses."
Attorney Jeffrey W. Coleman, who represented CNA, could not be reached to comment Monday.
The Yasis family has also retained Sieben's law firm but has not yet served or filed a lawsuit. That could happen in the coming weeks, Sieben said.
Meanwhile, the Minnesota Occupational Safety and Health Division (OSHA) last year issued its harshest level of penalties against Lametti & Sons. The company faces a total of $106,600 in penalties, under five citations. Lametti is contesting all of them.
Pat Pheifer • 612-741-4992
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