11 Suits Over 2010 Flood Tossed by Texarkana Judge

A Texarkana judge has dismissed 11 civil lawsuits connected to the historic 2010 flood at Albert Pike campgrounds in Ouachita National Forest in Arkansas that took the lives of 20 men, women and children.

The 11 lawsuits, which were consolidated to one, allege that the government was aware of the risks of camping in Albert Pike when campers were trapped in the 2010 flood. The flood caused Little Missouri River’s water levels in the Ouachita National Forest to rise from 3 to 23 feet.

U.S. District Judge Susan Hickey has ruled that the U.S. government is immune from the lawsuits because of the Arkansas Recreational Use Statute, the Texarkana Gazette reported.

The plaintiffs argued that the camp grounds lacked warning signs and disregarded its own scientific reports which place the campground in a 100-year flood plain. They said an exception for “malicious” conduct, which includes a “reckless disregard of the consequences,” outlined in the statute should apply.

But Hickney dismissed arguments from the plaintiffs’ lawyers, saying the case lacked evidence that the government knew the area was a flood plain.

“The EA (environmental assessment) stated that warning signs regarding possible flash floods would be posted in Loop D; however, the Court is unaware of any rule or regulation that required the warning signs to be posted,” Hickey’s opinion states.

The plaintiffs have the option to appeal Hickey’s ruling.

Related:

• Arkansas Court: Reckless Conduct Can Be ‘Malicious’ Under Law

Topics Lawsuits Legislation Flood