Indiana mother seeks damages from New Albany for dam drowning death

Amanda Malott is the mother of a 14-year-old boy who drowned at a low-head dam in Southern Indiana in May and wants compensation from the city of New Albany for his death.

She’s also calling for the dam’s removal, which the city has fought for the past three years .

Her attorney, Marc Sedwick, sent a notice of tort claim to New Albany officials in June seeking $700,000 and the removal of the dam in Silver Creek near Providence Way, as first reported by the News and Tribune .

Sedwick told LPM News in an email he and Edwards’ family “absolutely” believe the dam was at play. “AJ drowned due to the reverse currents generated from the dam,” he said in the email. “They are devastated. This was a close family. AJ was a great kid.”

Malott’s son, Andre “AJ” Edwards Jr. was at Silver Creek with friends on Memorial Day when Sedwick said he jumped from the six-foot high dam and became trapped in the reverse currents below. The Indiana Department of Natural Resources says low-head dams can be deadly , due to the recirculating currents.

New Albany Police Chief Todd Bailey told LPM News in June that Edwards jumped from the dam and never resurfaced, according to the agency’s investigation.

His body was recovered hours later, and his death was ruled a drowning.

River Heritage Conservancy, which oversees plans for Origin Park , wants to remove the Providence Mill Dam, also known as the Glenwood Park Dam, to make the creek safer.

New Albany has challenged that at the state and local level and recently restated plans to modify it instead.

The tort notice points out the city of New Albany’s continued fight against removing the dam, and states officials have been “provided expert testimony and information that the Providence Mill was dangerous, a drowning machine…”

In 2021, a contractor for River Heritage Conservancy secured a state permit to remove the dam as part of ongoing plans for Origin Park.

The city has challenged that at the state and local level and is engaged in ongoing legal battles.

The tort also says the city has “actively encouraged Southern Indiana residents to use Silver Creek Landing to recreate not only downstream of the dam, but on the dam. Included in the document is a photo of a billboard near the area promoting recreation there.

The billboard shows a man fishing and in the background, several people sitting or standing atop the dam.

The document also blames the city for not having signs warning people about the dangers of low-head dams. Following Edwards’ death, the New Albany City Council voted to appropriate up to $10,000 for safety signs.

They also approved a resolution recommending the city, River Heritage Conservancy and the contractor meet to implement “an immediate plan for the removal and/or safety mitigation” of the dam.

The notice of tort was sent to New Albany Mayor Jeff Gahan and City Attorney Shane Gibson June 21. Under Indiana law, they have 90 days to respond , which could include a settlement. If they don’t respond or dispute the claim, Malott can proceed with a lawsuit .

Sedwick said as of Tuesday afternoon, the city had not responded. A request for comment by LPM News had not been returned as of Wednesday.

A dam in limbo

The fate of the more than century-old dam has been in limbo for more than three years.

In 2021, EcoSystems Connections Institute LLC — a contractor for River Heritage Conservancy — was granted a permit from the Indiana Department of Natural Resources to remove the dam.

The city of New Albany soon after challenged that permit at the state level and called into question whether it complies with Indiana’s Flood Control Act. In November, an administrative law judge found it complies with state statute .

The city has also filed lawsuits in Floyd County seeking to keep the dam in place. Last month, A Floyd county judge dismissed one of the lawsuits that asked to block the dam’s removal .

An attorney for the city has since filed court action challenging that decision.

Online court records show the city also plans to appeal the order, though an appellate brief hasn’t yet been filed.

Days after Edwards drowned, River Heritage Conservancy and EcoSystems Connections Institute LLC filed a notice of death in this case, saying that “minimizing and dismissing the dangers of the dam has been a key part of the City’s litigation strategy over the past three years.”

New Albany Mayor Jeff Gahan has cited ecological, historical and recreational concerns if the dam is fully removed. He’s also reiterated a proposal to modify the dam with a rock ramp he said would make it safer.

Last month, the city signaled they plan to reapply for a permit to modify the dam, after being denied by the state last November.

City engineer Larry Summers told the New Albany City Council last month that modification is estimated at $500,000 to $700,000 and could take two-and-a-half years. He said the funds are already planned for as part of the Silver Creek Landing project.

River Heritage Conservancy said removing the dam would cost more than $250,000 and could be funded through a series of grants.

Coverage of Southern Indiana is funded, in part, by Samtec Inc., the Hazel & Walter T. Bales Foundation, and the Caesars Foundation of Floyd County.