CHARLESTON -- A Charleston man is suing the city after he claims he sustained property damages because of a city drain pipe.

The city drain pipe was punctured and disrupted during the city's installation of a guard rail and the puncture created a water leak that caused constant water and moisture problems to property owned by Jerome Stewart, according to a complaint filed Aug. 30 in Kanawha Circuit Court.

Stewart claims he was unaware of the punctured drain pipe until the pipe burst on Jule 20, 2010.

The water that originated from the hole in the drain pipe was of such magnitude and pressure that it collapsed two retaining walls and forced its way into a lower level of Stewart's home, with a head of two feet or more against the rear wall line that caused water to enter through protective windows, utility ducts and outlets, according to the suit.

Stewart claims the hole in the drain pipe caused severe damages to his property, including both the house and the surrounding yard and the foundation.

The defendant failed to exercise due care in maintaining and operating the drain pipe and it the installation of the guard rail, according to the suit.

Stewart is seeking compensatory damages. He is being represented by Rudolph L. Di Trapano, Sean P. McGinley and Elizabeth G. Kavitz.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 11-C-1498

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