Motion for Certification of Class Action Lawsuit to be Heard in Spraypark Case


SYRACUSE, NY – Attorneys from Marler Clark, Underberg & Kessler, and Dreyer Boyajian will appear before the State of New York Court of Claims in Syracuse on Monday, March 20th, at 10:00 am to argue a motion in favor of the certification of a class action lawsuit against the State of New York Department of Parks, Recreation, and Historical Preservation. If the class action is certified, all persons who became ill with Cryptosporidiosis and/or were otherwise damaged as a result of the Cryptosporidium outbreak at the Seneca Lake State Park Spraypark in 2005 would be eligible to join the class and receive compensation for their injuries and economic damages.

Bruce Clark of Marler Clark, Paul Nunes of Underberg & Kessler, and Donald Boyajian of Dreyer Boyajian, all partners in their respective firms, will participate in the oral arguments, which are to be heard by Judge Nicholas V. Midey, Jr. All three plaintiffs’ attorneys will be available for comment at the courthouse, located at 205 South Salina Street in Syracuse, following the hearing.

The New York State Health Department shut down the Seneca Lake State Park Sprayground on August 15, 2005, after it was determined that the Sprayground’s water holding tanks, which were used to recycle water, were contaminated with Cryptosporidium. On August 26, the Health Department issued an update on its investigation into the outbreak, announcing that 3,297 cases of Cryptosporidium had been reported in 33 New York counties. Of those cases, 415 were confirmed cases reported to the State Health Department. Thirty-three people had been hospitalized with Cryptosporidiosis. Marler Clark and Underber & Kessler together represent approximately 250 individuals in claims against the State of New York.

More about the Seneca Lake State Park spraypark cryptosporidium outbreak can be found in the Case News area of this site.