City, County, State Ask Judge to Throw Out Suit over Boy's Death from Lily Lake Amoeba

The city of Stillwater, Washington County and the state of Minnesota asked a judge last week to dismiss the wrongful death lawsuit filed by the family of Jack Ariola Erenberg, according to media reports on the hearing in Washington County District Court. 

Erenberg died in August 2012 at the age of 9 from a rare form of meningitis he contracted after swimming in Stillwater's Lily Lake and other lakes in the county.

Government attorneys claim that state law gives the city "recreational immunity" and that the state and county lack authority at Lily Lake, according to the St. Paul Pioneer Press, which also reported the plaintiffs' arguments: 

"When you know a child has been killed by an amoeba in a body of water where the prevention is a simple nose plug, there is a duty to do something to let people know," [Erenberg family attorney Roger] Strassburg said.

He told the court Friday that there needs to be some accountability in light of "the tragic deaths of two children from a public health disease from which the state, the county and the city disclaim any responsibility."

District Judge Susan Miles heard arguments regarding the motion to dismiss filed by the Minnesota Department of Health, Washington County, city of Stillwater and the city’s Parks and Recreation Commission.

“It’s an important case and in court, important cases take longer to decide, so I’m going to ask for 90 days to get my decision out. I’ll likely take the full 90 days ...” Miles told attorneys for both sides.

Read the full article at stillwatergazette.com. 

Related at Stillwater Patch: 

• Child Dead, Lily Lake Closed Due to Lethal Organism
• Expert in Immunology: Infection by Brain-eating Amoeba Linked to Climate Change
• Boy's Organs Donated After Fatal Brain Infection
• MDH Confirms Presence of Amoeba in Lily Lake
• Lily Lake Property Owners Want More Answers Before Lake Is Blamed for Deaths
• Parents suing Stillwater, State after Lily Lake Fatality