A lawsuit has been filed against St. Joseph County and the city of Mishawaka.
The Kleven family is suing under the Child Wrongful Death Act.
A minivan driven by Brooke Kleven slid off an icy University Drive in Mishawaka on Dec. 31, 2019, sinking into a retention pond.
4-year-old James and 2-year-old Natalie Kleven both died. Brooke and her 3-month-old son Hendrik miraculously survived.
Three St Joseph County 911 dispatchers resigned in the wake of the crash.
An investigation showed "multiple mistakes" were made handling the call, including locating the pond, mistakenly muting the phone, and how the call was dispatched-- first as an accident, not as a "vehicle in the water."
The lawsuit says the retention pond did not have a barrier or signs.
And at least two other incidents had happened before which resulted in vehicles sinking into the pond.
Clay Township, Great Lakes Capital, City Plaza and Motorola Solutions are also being sued.
View the Entire Complaint for Damages anad Jury Demand
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