Judge Rules Spencer Dam Damages Case May Proceed.

A Nebraska judge handed an early victory to the family of a man killed during the floods of 2019.

A multi-million dollar claim will move forward in Holt County District Court against the Nebraska Public Power District (NPPD) and Nebraska’s Department of Natural Resources.

The two entities were responsible for maintaining the Spencer Dam along the Niobrara River. It gave way under the pressure of a massive ice jam.

The family of Kenneth Angel argues those maintaining the dam were at least in part responsible for that failure. Angel apparently was swept away as the structure failed. He is presumed dead. A riverside home and bar owned by the Angel family were destroyed.

In an opinion released late Monday, a Holt County District Judge Mark Kozisek decided there were sound legal reasons to move ahead with the lawsuit against NPPD and the NDR.

Judge Kozisek wrote in his order the Angel family deserved to collect evidence and interview those with knowledge of the incident to make the case as to whether the case has merit. The judge wrote, “development of (an) adequate record is critical to making such a determination.”

In this case, Kozisek also determined the agencies maintaining the dam did not qualify for the protection against lawsuits which sometimes shields local governments from damage claims.

Recently an independent engineering analysis of the Spencer Dam failure held the opinion the owners underestimated the risk of a catastrophic incident and they should have been more knowledgeable about the potential damage that could be caused by ice jams.