SPENCER, Neb. (KCAU) – The wife of a man killed when the dam near Spencer, Nebraska, collapsed in March 2019 is suing the Nebraska Public Power District (NPPD) and Nebraska Department of Natural Resources (NDNR) $5,000,000 for what she claims was the wrongful death of her husband.

Linda Angel is suing the two groups for the wrongful death of her husband Ken Angel, and for survival and funeral and burial expenses and loss of earnings. She filed the suit in November in Holt County on the claims of negligence; negligent failure to warn; negligent hiring, training, and supervision; and private nuisance.

Ken Angel was swept away in floodwaters on the morning of March 14, 2019, after the Spencer dam collapsed, and later declared dead in June. In addition, multiple Angel properties were damaged or destroyed due to the collapse of the dam.

The lawsuit said that the NPPD and NDNR were responsible for the construction, maintenance, management, and operation of the Spencer damn, but failed to prevent the dam from failing and then breaching, causing the death of Ken Angel and the destruction of their property. The suit goes on to say that the NPPD NDNR failed to warn the Angels of the dam’s dangers if the dam failed. It then said that the two groups are “vicariously liable for the negligence.”

Linda Angel and is suing for damages of $5,000,000.

Both the NPPD and NDNR have each filed a motion to dismiss the lawsuit. The NPPD’s motion said that they are immune from liability under the Political Subdivisions Tort Claims Act and the Emergency Management Act. the NDNR asked to dismiss the lawsuit “for a lack of subject matter jurisdiction” and for “failing to state a claim which can be granted.” A hearing on each motion will take place Jan. 27 at 10 a.m.