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Lawsuit Filed in Kalispell Boy’s Septic Tank Drowning

By Beacon Staff

BUTTE – The parents of a 3-year-old Kalispell boy who drowned after falling into a septic tank two years ago have filed a wrongful death lawsuit against a water and sewer district, land developers and an engineering firm.

The lawsuit — on behalf of the estate of Loic Rogers and trustees for the child’s parents, Ariel James and Mark Rogers — was filed in District Court in Butte on Tuesday.

It names Evergreen Water and Sewer District, JB Estates, Robert Rinke, John Coziahr, Rinke’s Red Hawk Ranch and Carver Engineering as defendants. Kalispell lawyer Lee Henning alleges they were negligent in locating the septic system on the property and installing it without a “kid-catcher” safety device that would have prevent Loic Rogers from falling in.

The boy was reported missing on Jan. 24, 2007. Mark Rogers told police he took Loic to his car outside a friend’s house, told the boy to get in and returned to the house for Loic’s sister. When Rogers returned to the car, Loic was missing.

After a massive two-day search, Loic’s body was found in the septic tank less than 10 feet from the house. Authorities ruled the boy’s death an accident.

The lawsuit alleges the designer of the septic system was negligent by placing access close to a driveway because the cover and riser for the septic tank were damaged when a vehicle slid into it in December 2006.

The lawsuit seeks a jury trial and damages for pain and suffering, funeral expenses, lost income and other damages.

A spokeswoman at Carver Engineering declined comment. Phone messages seeking comment left with Robert Rinke and John Coziahr were not immediately returned. There was no answer at the Evergreen Water and Sewer District and no Kalispell listing could be found for JB Estates.