WASATCH COUNTY (ABC4 News) – The family of a Florida man who drowned in the summer of 2018 while kayaking the Provo River is suing Heber Valley Railroad Foundation and several state of Utah entities, claiming his death could have been prevented.
Kenneth Pollock, 50, drowned July 3, 2018, after he was dragged underneath the water at the Heber Valley Railroad Bridge. Attorneys for the family said he was on vacation with his wife and children at the time of his death.
The wrongful death suit claims the supports underneath the bridge “create a dangerous condition,” and that the owners of the bridge, along with the state of Utah should have taken better care of the location and warned passersby of the potential dangers.
The lawsuit also claims Pollock “suffered extreme pre-morbid pain and suffering while he died.”
The family’s Salt Lake City lawyer says many have complained about that area of the Provo River.
“We believe that the owners of the bridge and the owners of the river bed knew about this area having potential problems,” said Eric S. Olson, attorney for Eisenberg, Cutt, Kendell, and Olson.
Heber Valley Railroad Foundation and state entities being sued – including Utah Department of Transportation, Utah Department of Natural Resources, Utah Division of Wildlife Resources, and Utah Division of Water Resources – either did not respond to or declined ABC4 News’ request for comment.
Utah State Engineer, Utah Division of Forestry and Fire, and State Parks and Recreation are also included in the suit.