A popular music group and one of its employees are being sued by a Salt Lake County man after the boat he was traveling on was doused with human waste.

The civil complaint, filed Monday in 3rd District Court, states a bus driver for the Dave Matthews Band was driving across the Kinzie Street Bridge in Chicago and "negligently and carelessly" released the contents of the on-board human waste tank.

The contents of the tank, estimated to be 80 to 100 gallons, dumped through the metal road grate onto approximately 109 passengers on a sightseeing tour boat on the Chicago River.

The incident occurred while the band was on tour in Chicago in June 2004.

A Chicago TV news station reported in April that the 42-year-old driver of the bus pleaded guilty to misdemeanor charges of reckless conduct and discharge of contaminants to cause water pollution. He also admitted to discharging the waste on the bridge. He was sentenced to 18 months of probation and ordered to perform 150 hours of community service and pay a $10,000 fine.

The Illinois attorney general ordered the band to pay $200,000 in fines, which was placed in a fund for environmental protection and education.

The band continues to fight individual lawsuits filed across the country by passengers on the boat, a majority of which have been settled out of court.

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The Salt Lake County man was a passenger on the boat and states that he was among those who were "soaked" with liquid human waste, which destroyed some of his clothing and personal belongings.

Because of the actions of the bus driver, the man said he "suffered and will suffer emotional injuries, loss of personal effects, loss of planned vacation activities, exposure to potentially life-threatening risks of infectious disease, humiliation and public embarrassment, unnecessary anguish and mental and emotional disorders," as stated in court documents.

He is asking the court to award compensation, for special, general and punitive damages, not less than $1 million and reimbursement of legal costs.


E-mail: wleonard@desnews.com

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