Judge hears motion in August 2015 landslide lawsuit

SITKA, Alaska (AP) – The trial date in a lawsuit related to an August 2015 landslide in Sitka has been set.

Superior Court Judge Trevor Stephens on Thursday set the date for Nov. 4, 2019, along with hearing arguments for summary judgment submitted by third-party defendant McG Constructors Inc.

The estates of brothers Ulises and Elmer Diaz filed a lawsuit against Sound Development LLC and the City and Borough of Sitka, with Sound Development and McG Constructors listed as third-party defendants.

The Aug. 18, 2015, landslide destroyed a house owned by Christine McGraw. The Diaz brothers were working on the house at the time of the landslide that resulted in their deaths, McG Constructors attorney Paul Waggoner said. McG was the general contractor building the house, and the Diaz brothers were covered by workers compensation insurance.

Waggoner argues McG Constructors Inc. cannot be held liable through negligence lawsuits for the payment of damages.

Michael Cohn, the attorney for the plaintiffs, argued McG presented no evidence other than a certificate of liability insurance for Four Points Painting, a partnership between the Diaz brothers and Ramon Hernandez.

“Without any other evidence, McG Constructors Inc. conclusively presumes that the exclusive remedy provision applies to any claims against the third-party defendant by the deceased brothers and the other defendants,’’Cohn said in his motion in opposition.

Mediation is scheduled to take place in the next couple of months, Stephens said.