Family of toddler killed at state park sues Tennessee
Steven Pierce’s parents have filed a claim against the state of Tennessee to ask for $900,000 in damages after his death at Cummins Falls State Park in June.
On the afternoon of June 9, the Eddyville, Kentucky, family was at Cummins Falls when a flash flood tore through the area, ripping Steven, 2, from his father’s arms.
Attorney Christopher Smith filed the claim Friday with the Claims Administration against the Tennessee Department of Environment and Conservation.
“That’s the agency we allege was negligent in not having the park safer,” Smith said.
The state now has 90 days to either approve or deny the claim. If it is denied, Smith said the Pierce family plans to move ahead with a
lawsuit as allowed under the law.
PIERCE FAMILY ALL CLAIM DAMAGES
The claim seeks $900,000 in damages, which adds up from the cap for each individual claimant of $300,000. Curtis and Hannah Pierce, Steven’s parents, are also named as claimants individually, and as his next of kin.
“Steven Pierce’s life will never be worth more than $300,000,” Smith said. “There’s an injustice there. This never should have happened.”
Steven and his father were a couple hundred yards downstream from the falls when water inundated the gorge, rising by several feet in a matter of minutes. Both were swept away, and crews were able to find Steven’s father that night.
On Tuesday, Eric Ward, TDEC communications director, said the state respectfully declined to comment.
CLAIM SLAMS FAILURES OF POLICY
The claim details the events and policies that led up to the Pierce family being in a risky area when the flood moved through the area, including those around the use of life jackets in the park.
“He was wearing a life jacket that day, but not at that moment. The park requires you to turn it back in before you clear the hazardous zone, before you’re truly safe,” Smith said. “That’s maybe the craziest thing.”
The claim alleges the park should never have been opened June 9. It had been closed in preceding days due to high levels of rainfall and the threat of flooding, but visitors were allowed in that Sunday.
Also, Smith reports the National Weather Service reported incoming rain around 12:30 p.m. that day, but the park was not evacuated.
Steven’s death was not the first at the park, and the park service said after the last one it would make changes in the hope of improving visitor safety.
In 2017, Lisa Michelle Hillian died at the falls after attempting to save 73-year-old Peggy McDaniel, who would later be found dead. At that time, officials said they would install a warning system in case of a similar sudden danger.
It had not been installed by the time the Pierce family drove down to Tennessee.
Reach Mariah Timms at mtimms@tennessean.com or 615-259-8344 and on Twitter @MariahTimms.