Merced County flood victims owners file lawsuit against several state and local agencies

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Thursday, December 14, 2023
Merced County flood victims owners file lawsuit against several state and local agencies
The families and business owners who lost much in the devastating floods in Merced County nearly one year ago have now filed a lawsuit against several state and local agencies.

MERCED COUNTY, Calif. (KFSN) -- The families and business owners who lost much in the devastating floods in Merced County nearly one year ago have now filed a lawsuit against several state and local agencies.

They say the Merced Irrigation District, the County and City of Merced, the State of California, the California Department of Fish and Wildlife and the California Fish and Game Commission are responsible for the floodwaters that destroyed their lives.

Atwater resident Tony Borba described the frustration after his home was flooded in January.

"You can't imagine what goes through your mind. As soon as I could get back in, it was ten days after the flood," Borba said.

Video from SkyView 30 shows what his home looked like just hours after the rain stopped.

Just feet from his home, water poured through his neighborhood like a rushing river.

Attorney Shant Karnikian represents Borba and others in the area in the lawsuit. He says the flood was widespread and impacted so many different groups of people.

"Everyone had the same story. And it was a commonly known fact or a commonly known belief that the waterways, and the flood channels and the creeks have not been maintained in a really long time," attorney Shant Karnikian said.

Action News obtained a copy of the lawsuit that was filed on December 6.

It breaks down the different categories of damage people say they endured. From damage to their home to belongings destroyed to personal distress, Karnikian says they hope to hold the agencies accountable for all that was lost and endured.

Borba has a disabled son named Christopher. When he realized the water was quickly rising, he rushed to get his son to higher ground.

"I was afraid for actually my son, to get him out of the house," Borba said. "I was coming out this way, and I missed the drive. I came through, and I was on the lawn, and this is where my tire got stuck in here."

Borba says he's spent over $100,000 to repair his home after the flood, and that number keeps rising. He adds there isn't a number on the turmoil his family endured.

Karnikian says more people suffered the way Borba and his family did. They plan to file several more lawsuits with more flood victims in the coming month.

Action News did reach out to all the government agencies targeted by the lawsuit but they all said they could not comment on pending litigation.