A family that lost five members in a June tubing excursion in North Carolina is suing Duke Energy, demanding that the utility remove or make safety improvements to the dam that caused the five people to drown.
Nine people went tubing on the Dan River on June 16 and were swept over a small dam near Duke's nearby power plant in Eden. Four of them were found clinging to their inner-tubes the following day.
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Authorities found the bodies of Bridish Crawford, Antonio Ramon, and 14-year-old Sophia Wilson two days later more than 2 miles downstream. The bodies of Theresa Villano, who was six months pregnant, and Crawford's 7-year-old son, Isaiah, were found weeks later.
"This family certainly would never have gone tubing had they had the slightest idea they were going to come across this dam, this deadly drowning machine," attorney Kenneth Allen said Thursday.
"The owners of these dams understand and have understood for 100 years that they are deadly," he said. "We need change. We need the owners of these dams to either eliminate them, fix them or, at the very least, protect recreational users from the deadly hazards they pose."
The dam, which has an 8-foot drop, is among thousands of "low head" dams nationwide that were built in the 1800s and the early 20th century to power grist mills and generate electricity, Allen said. But the hydraulics at the base of the dams create an undertow that make it difficult to escape, he said.
"It's almost like putting someone in a washing machine," he said, adding that someone who goes over the dam has a 70 percent chance of being killed or injured.
Eighteen-year-old Irene Villano, who survived the dam, recounted the horrifying experience on Thursday. She said she was able to latch a finger and a foot into small crevices in the dam, and her family members held on to her.
"Things were trying to push you and knock you over," she said. "If I wasn't holding on, it was like we were rotating around over and over and over again."
Her father, Ruben Villano, her 14-year-old brother, Eric, and 14-year-old relative Karlos Villano, also survived.
"I wasn't thinking of being tired. I was thinking of getting out," Irene Villano said of holding on to the dam and her family for almost 24 hours. "I just had hope, and I just prayed about everything."
"It's a miracle that the four of them are here today. To have survived that is astonishing," Allen said. "But I think there's a purpose to it, and we're going to do our best to see that purpose is fulfilled."
Rockingham County authorities said there were signs near the dam to warn people to keep away, but Allen said that's not enough. He said barrier, such as a series of buoys linked together across the river with wire rope, is needed at the very least.
Better options, he said, would be to remove the dam altogether or to install some shelves or rocks below the dam to disrupt the water flow and the resulting undertow.
“Our hearts go out to those involved in the tragic accident on the Dan River," Duke spokesman Dave Scanzoni said in a statement. "The safety of the public and our employees is our top priority, and we work closely with local communities, organizations and government agencies to promote safe and responsible recreational activities near our facilities. We will respond to the lawsuit in detail in a future legal filing."
The Raleigh-based Edwards Kirby law firm is working with Allen in representing the Villano family.