Elsbernd, Charles R.

Other Events:

• Death Record - Church: 19 Aug 1995; Kentucky Deaths VOL 908-14 28
• Obituary: 22 Aug 1995
• News Mention: 20 Aug 1997; Cincinnatti Post

Notes:

Death Record - Church:
Kentucky Death Records Charles R. Elsbernd age 9 died 8/19/1995 VOL 908-14 28

News Mention:
1997 Cincinnati Post; City, parents settle suit over drowning, By Peggy Kr eimer, Post staff reporter; Publication date: 08-20-97The City of Ft. Wright agreed Tuesday night to pay $1,350,000 to the fami ly of a 9- year-old boy who died after being swept into a storm drain duri ng a downpour in 1995.The payment settles a lawsuit that Steve and Mary Elsbernd brought again st the city over the death of their son, Charles.''This was a terrible tragedy for the city and for the Elsbernds,'' said c ity attorney Pete Summe Tuesday night, after the city agreed to the settle ment in a closed session during the city council meeting.''Our heart goes out to them. We're relieved to have this over and the Els bernds can start healing,'' he said.The settlement with the city resolves all issues covered in the suit, sa id Steve Elsbernd. The Kenton County & Municipal Planning and Zoning Commi ssion and the Northern Kentucky Area Planning Commission reached a joint s ettlement a few weeks ago, said Kenton County & Municipal Planning and Zon ing Commission chairman Tim Theissen. He would not reveal the settlement a mount.The Elsbernds had filed suit last year against the city, the planning comm ission and the developer Charles Berling and his company, saying Berling w as negligent in the design of the storm-sewer system in the subdivision a nd the city was negligent for accepting the design.Berling's company settled its portion of the suit previously. Berling wou ld not reveal his settlement amount. ''That was up to the lawyers and t he insurance company,'' Berling said Tuesday night.The defendants had petitioned the court to add 27 neighbors to the lawsui t, saying if a court apportions blame, it should have the option of incl ud ing the neighbors who lived along the storm sewer line.The neighbors were dismissed from the suit some time ago, Elsbernd said.He said he and his wife had been asked not to comment on the suit for seve ral days and preferred not to say anything more.Charles Elsbernd had been playing in a yard on Beaumont Court, near his F t. Wright home, when he was swept through the 18-inch opening of a drain p ipe.The pipe had not been covered by a grate or bar because of the possibili ty the opening would become clogged with debris and worsen flooding proble ms. The city later placed a metal bar across the drain-pipe opening.In June of this year, the Kenton County & Municipal Planning and Zoning Co mmission adopted new safety standards for storm drains in new constructio n. The standards are aimed at making storm-water drains safer in neighborh oods and subdivisions by requiring smaller openings and other safety measu res. The kind of inlet that swept Charles Elsbernd into a pipe is prohibit ed. 1997 Cincinnati Post ; Parents pray son's death a message; By Crystal Hard en, Post staff reporter; Publication date: 08-21-97Charles Elsbernd, who was swept to his death two years ago through a storm -drainage pipe, would have started sixth grade Wednesday at St. Agnes Scho ol in Ft. Wright.But instead of seeing their only son off to his first day of class, Ste ve and Mary Ellen Elsbernd marked the two-year anniversary of his death.At a press conference Wednesday afternoon held in a Covington law offic e, the couple alluded to the sadness of not sending their son to school th is year. But their primary message was that local governments need to ta ke safety more seriously.''It is our hope that this case will get the attention of municipal offici als everywhere and cause them to correct safety hazards similar to the o ne which caused our son's death,'' Elsbernd said.''If this is accomplished, perhaps some other innocent child will be sav ed and some other family will be spared the indescribable agony of losi ng a child.''The Elsbernds blame city officials who knew about problems with the draina ge system where Charles died but failed to fix them.The Elsbernds said they were unaware of the danger before Charles' death.''Charles was playing in what appeared to be a pond of water in a resident ial backyard,'' Elsbernd said. ''The water was calm and there were no indi cations of a submerged drainpipe or any other danger.''The couple sued the city of Ft. Wright and settled Tuesday for $1.35 milli on.In all, the Elsbernds received more than $2.3 million in settlement paymen ts from their lawsuit.In addition to the city, Berling Construction Co. paid $500,000; engine er Jim Berling paid $375,000 and the Northern Kentucky Area Planning Commi ssion and Kenton County plan ning and zoning commission paid $100,000.''Our purpose in pursuing this lawsuit has been to send a loud messa ge to all persons and entities with control over the design, constructi on and maintenance of storm-sewer systems and to bring about change,'' Els bernd said.Flooding in the area was caused by the improper design of the drainage sys tem along a section of Beaumont Court, Elsbernd said. The city knew abo ut the flooding through residents' complaints. One resident even asked th at a cover or grate be in stalled over the opening of the drainpipe yea rs before Charles drowned.Charles died Aug. 19, 1995, when he was forced through the storm-draina ge pipe while playing in a yard during an intense downpour. As much as 2 i nches of rain fell in a 30-minute period, creating a torrent of water rush ing into the 325-foot drainage pipe. It empties into a creek behind Beaumo nt Court.The 9-year-old boy was found about 15 feet from the end of the pipe, wrapp ed around a tree limb in the creek.After his death, the city in stalled a single metal bar in the openi ng of the 18-inch storm drain. Someone subsequently added another bar to t he opening.The Northern Kentucky Area Planning Commission said the drainage pipe th at took Charles to his death met the minimum standards required for the su bdivision. However, the commission set up a committee to determine possib le changes for new subdivisions.In June the Kenton County & Municipal Planning & Zoning Commission adopt ed new standards aimed at making storm-water drains safer in residential a reas by requiring smaller openings and other safety measures.Elsbernd says that isn't enough because the standards only apply to new su bdivisions. Talk from city officials in Northern Kentucky about the expen se of fixing existing storm drainage problems makes him angry.The costs of fixing the system shouldn't outweigh the life of a chil d, he said.The Elsbernds and their attorneys also said residents need to take respons ibility to help solve the flooding problems. They should report hazardo us situations to city officials, consider putting grates over storm drai ns and post signs to warn others of the danger.The city was the last defendant to settle the lawsuit. City officials decl ined comment Wednesday.