by: Kristine Uyeno
KAUAI (KHNL) - It's a tragedy that shook Kauai last Spring.
A new report out by an independent investigator takes a closer look at the Ka Loko Dam breach that claimed the lives of seven people.
"While we don't agree with everything that was in the report, we do think it's a good start," said Bill McCorriston, attorney for the dam's owner, James Pflueger.
The report says Pflueger didn't maintain it.
"Obviously had anybody ever surfaced that there was some problem with the reservoir or the dam or the spillway or anything else, Jimmy Pflueger or anybody else, the prior owners, would've done something about it," said McCorriston.
The report also says the state didn't inspect it, which is what the law requires. It goes onto say, "while it seems likely that Ka Loko Dam failed by overtopping and that the lack of spillway on Ka Loko Dam caused or contributed to such failure, that is not certain at this time."
The dam breach on March 14 occurred after weeks of heavy rains. Homeowners and the victims' families are suing Pflueger, previous landowner C Brewer, county and state governments, as well as the irrigation company.
"This report and the future litigation is not going to bring back the loved ones who are lost, it's not going to return the property that was destroyed," said Tom Grande, the victims' attorney.