Denied class action status, some with flooded cars say they will keep fighting

IONIA COUNTY, Mich. (NEWSCHANNEL 3) – More than 100 people who had their cars destroyed by heavy flooding at the B-93 Birthday Bash say they're not going away without a fight.

A judge recently turned down those people's class action lawsuit, but they say the fight is far from over, and the finger pointing continues.

A number of flood victims and their attorneys tell Newschannel 3 that they will continue to build their case against B-93, but now B-93 is saying that if anyone should be sued, it's the City of Ionia.

Stephanie Winsor and her car were both trapped with the basses at the B-93 Birthday Bash.

“The entrance to the flooded area was completely covered in water,” said Stephanie.

Stephanie's mother, Siggi, feared the worst.

“We knew that the dam had been opened,” said Siggi, “I heard that on the news, I asked her to leave immediately.”

But it was too late. Ultimately, Stephanie's car sat in flood waters for two weeks.

“This is about irresponsibility on the part of the organizers and the City of Ionia,” said Siggi.

The Winsors and more than 100 other angry B-93 Birthday Bash attendees enlisted the help of attorney John Tallman.

“These cases are always about justice,” said Tallman.

Tallman wants all of his clients to be included in one class action lawsuit against B-93. However, an Ionia County judge recently denied them class action status, that means people like the Winsors who want to make a case, will have to do so individually.

The Winsors say the won't be giving up, but neither will B-93. An attorney for the station told Newschannel 3 that the City of Ionia is to blame, he says the public safety director knew about the river conditions and allowed the event to go on anyway.

The Ionia City Manager responded to the allegations, saying “it was their event, they were leasing the ground, it was their decision to make whether or not the event would go on.”