IONIA, Mich. (WZZM)- A motion for a class action lawsuit against Clear Channel Radio for its handling of this year's flooding at the B-93 Birthday Bash has been denied.
More than 1,400 cars were flooded during the concert weekend in June. Rain storms caused the Grand River to rise over its banks at the Ionia County Fairgrounds. A large percentage of cars were destroyed.
Tuesday, Grand Rapids Attorney John Tallman argued that the cases of hundreds affected by the flooding should all fall under one class action lawsuit instead of being handled on an individual basis.
The Ionia County judge overseeing the hearing didn't see it his way.
Tallman said that this is a case based on damages, that everyone was affected by the same circumstances and therefore should be held to the same standard. He referenced several people reportedly being told to stay put while the waters were rising, even giving the judge a transcript of an announcement made during the panic.
But the defense made a successful case for Comparative Negligance... basically saying that everyone has a different level of liability.
The defense argued some people may have heard warnings and decided to stay anyway, and there wasn't enough evidence to suggest that damages should be consistent.
Lawsuits will persist but may now be splintered into hundreds of individual cases.
Tallman said he's offering his services as an attorney to anyone who needs it.
By Steve PattersonIn your voice
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