Widow Sues Yakima Over Diving Death

Thu., July 2, 1998

From Staff

The widow of one of four divers who perished in an irrigation canal last year has filed an $8 million claim against Yakima County.

Traci Hauber’s claim contends the death of her husband, Rusty, a Yakima city firefighter, was a result of the county’s negligence.

The claim, filed last week, alleges negligence for inadequate training of the divers and lax supervision by county rescue officials at the scene in March 1997.

Hauber, 34, and J.R. Mestaz, 36, entered the Roza Irrigation District siphon near Zillah to try to rescue two contract divers who failed to surface after searching for stolen cars in the canal system.

The contract divers, Marty Rhode of Zillah and John Eberle of Grandview, ran out of oxygen and died in the siphon.

Hauber drowned in the rescue attempt. Mestaz, a Moxee volunteer firefighter, was pulled out of the siphon and rushed to a hospital, but never regained consciousness.

Ron Zirkle, the county’s chief deputy prosecutor, said the county will investigate the claim before making a recommendation to county commissioners.

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