From the San Fran Chronicle: A federal judge Tuesday ruled in favor of a Red Bluff family that sued the federal government for the wrongful death of a 9-year-old boy who was crushed by a trailside wall in Lassen Volcanic National Park in 2009.
U.S. District Judge Troy Nunley of U.S. District Court in Sacramento struck down the government's defense that it was within the Park Service's discretion whether to repair or maintain the stone retaining wall that toppled 30 feet down a slope, killing Tommy Botell and seriously injuring his sister Katrina, who was then 13.The ruling comes four years and one day after Tommy Botell's death. The family was at the park to celebrate the birthday of Thomas Botell, Tommy's father, when the boy and his sister sat on the retaining wall to pose for a picture.
The weakened wall cracked under their weight, its rocky pieces crashing into the two young siblings as they tumbled down the slope. The boy's brain stem was crushed, giving him only a few minutes to tell his mother that he was hurting before he died in her arms.
Steve Campora, an attorney for the Botells, said they will return to court on Sept. 16 to determine what damages should be paid to the family, which sought $9 million when they filed the lawsuit last year....
"The park's safety program mandated the closure of known dangers such as the retaining wall," he wrote in the order. "Based on the foregoing, the court finds that the safety program constituted a policy directing mandatory and specific actions that were admittedly not followed."
After the accident, a U.S. magistrate found that the wall, as well as numerous e-mails, files of the park's chief of maintenance and evidence about the deteriorating condition of the wall, had been destroyed on the orders of the park's superintendent, Darlene Koontz.
Justice Department attorneys said that this was done to protect the public, but Judge Nunley ruled that by committing these acts, the government had forfeited its right to deny negligence.
The Department of Justice did not return calls for comment, nor did Koontz, who is still the park's superintendent. http://www.sfgate.com/news/article/Judge-rules-for-family-in-death-of-boy-at-Lassen-4696897.php
So, you have a park superintendent who failed to make a known hazard safe or keep visitors away and then has e-mails, files and other evidence destroyed.
And her punishment is what?
She still has the same job, even though a child was killed through her negligence and then destroying evidence.
What do you have to do to get fired by the Feds?
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