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Two civil lawsuits involving a fatal Logan landslide have been settled.
Victor Alanis' two children, Victor and Abbey Alania, and his common-law wife, Evelia Jacqueline Leavey, died July 11, 2009, when part of a canal collapsed, triggering a landslide that crushed the home they rented in Logan. Alanis was working out of state at the time.
In 2010, he filed a wrongful death lawsuit against Logan City, the Utah Department of Transportation, the Logan and Northern Canal Co., Utah State University and Eric Ashcroft, owner of the house the family had rented.
The lawsuit claimed an area near the canal was hazardous and prone to landslides, yet it was not adequately inspected by the defendants. The city and the canal company own and operate the canal and land around it. USU owns the hillside above the home. UDOT has responsibility for maintaining some land in the area.
The lawsuit sought an unspecified amount of money.
Mark R. Taylor, Alanis' attorney, said the case was settled with all the parties except one in late February.
"The settlement was the result of orchestrated efforts of all the attorneys involved for the plaintiffs," Taylor said. "We're pleased and our clients are pleased, but that most important thing is to have these government entities be more responsible."
Lawyers would not reveal the amount of the settlement.
Leavey's father and mother were represented by two other attorneys from different firms. Attorneys expect that within a month the defendants will pay the settlement amount into a fund, and then the case will be dismissed.
The attorneys will then negotiate how the settlement will be divided among their clients.
Attorney Colin King, representing Leavey's father, Antonio Ortiz, said they will continue to pursue the case against Ashcroft. The lawsuit alleges he failed to ensure the property did not present "unnecessary danger" to his renters.
"We are very happy about the settlement," King said. "It avoided protracted litigation and was in the best interest of our clients."
Sean Bartschi's home, next door to Leavey's, was damaged during the same landslide. He, too, filed a lawsuit in 2010 against the city, UDOT and the canal company. In his lawsuit, he alleged that the city and UDOT knew for years of the potential for the canal to fail and cause a landslide, but they did not warn homeowners.
"We were able to reach a resolution with the city, the irrigation company and UDOT," said David L. Mortensen, Bartschi's attorney. "We settled, and our case has been dismissed."
Bartschi lived in part of his home and leased rooms to others.
Andrew D. Wright, attorney for Logan and Northern Irrigation Co., had no comment on Bartschi's settlement.
UDOT attorney Barry Lawrence could not be reached for comment.