st. paul

The family of one of the two sewer workers who died in July after being swept from St. Paul's storm tunnels into the Mississippi River has filed a wrongful-death suit against the city and the firm hired to oversee work in the tunnels.

Harry Sieben, attorney for the family of Joe Harlow, said Friday that an expert he'd hired to review the case concluded: "Very simply, the work should not have occurred on the day that it was likely to rain."

Harlow, 34, of Plainview, Minn., and Dave Yasis, 23, of Maplewood, were killed when a sudden downpour swept them away before they could climb up a sewer shaft in the Frogtown neighborhood.

Yasis' family also has retained Sieben's firm, the attorney said, but has not yet taken legal action.

The lawsuit alleges CNA Consulting Engineers Inc., which contracted with the city to repair the storm tunnels, "negligently and carelessly caused" Harlow's death by failing to maintain a safe work environment.

Harlow and Yasis were employed by Lametti & Sons Inc., of Hugo, which did the actual sewer rehabilitation work.

The lawsuit contends the city, as owner of the tunnels, was "vicariously liable" for CNA's actions.

A CNA representative could not be reached to comment.

But City Attorney John Choi said Friday that the city negotiated a clause into the contract that it believed obligates the contractor to defend it and to pay for any losses.

The deaths were "a tragic event," he added, "and everyone throughout the city was impacted by the loss of life."

In July, the Star Tribune reported that a 2006 city tunnel-conditions report had stated: "The contractor should anticipate that tunnel evacuation will be required whenever the temperature is above 32 degrees F when snow is present or before any rain event."

A state investigation into Lametti's actions remains open, a spokesman for the state Occupational Safety and Health Division said Friday.

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