No Class Action Against B-93
A Michigan judge denied Oct. 28 a request for class action status in a lawsuit filed against Clear Channel Communications and WBCT-FM B-93.7 regarding damage from flood waters that trapped hundreds of vehicles at the Ionia County Fairgrounds June 21.
Ionia County Circuit Court Judge Suzanne Hosseth Kreeger denied plaintiffs’ attorney John Tallman’s request for class action status, which he sought to determine who’s liable for hundreds of vehicles damaged or destroyed by the flood that hit during the country station’s B-93 Birthday Bash June 20-21, according to the Ionia Sentinel-Standard.
Tallman claimed CCC and B-93 staff knew there was a possibility the site would flood when the rains came and were negligent in allowing people to park there.
Defense attorney Jon March told the judge that wasn’t true as staff alerted the crowd about the potential flooding. He presented excerpts from a transcription of the B93 concert that included the loudspeaker announcements to move vehicles, the paper said.
Although Kreeger denied Tallman’s request but said she could revisit the issue at a later date.
“I am unable at this juncture to say that the issues are such that would warrant class action status,” Kreeger reportedly said. “I see the necessity of the court or jury evaluating each individual plaintiff.”
Tallman told the Sentinel-Standard he was disappointed but is willing to tackle the case plaintiff by plaintiff, if needed.
The event, featuring Blake Shelton, Julianne Hough, Craig Morton, Zac Brown Band and the Lost Trailers the first day, was pelted by heavy rain, sending many concertgoers to a nearby shelter.
Police then told many attendees to take what they could carry and leave their cars behind to be picked up later.
The fairgrounds were reportedly at capacity by 3 p.m. and some had to be evacuated by boat.
Work crews didn’t complete the cleanup at the site until July 2, clearing the last of the cars that had been stuck for two weeks. Officials said at the time only about 25 percent of the vehicles could be driven off the lot.