Woman sues sanitary board

by John O'Brien |
Aug. 23, 2006, 4:35pm

CHARLESTON - A Charleston woman says a defect in the City of Charleston's sewer line caused raw sewage to be backed into her house during a rainstorm in a recently filed lawsuit.

Robin Kiser is suing the Sanitary Board of the City of Charleston in Kanawha Circuit Court, alleging that on April 14, "During heavy but not an inordinate amount of rainfall and as a result of a defect in the defendant's main sewer line, raw sewage backed up into the plaintiff's residence."

The lawsuit was filed Aug. 15 through attorney Michael J. Del Giudice of Charleston law firm Ciccarello, Del Giudice and LaFon.

Kiser adds that her complaint with the sanitary board went semi-ignored. She says she was promised an investigation into whose sewer line was at fault.

"Without conducting any such investigation, or conducting a poor investigation, the defendant denied Plaintiff's claim for damages on the basis that the backup of raw sewage occurred as a result of a defect in her line," the complaint says.

Kiser says there is no problem with the line at her home on Sugar Creek Drive.

She is suing for compensatory damages to cover: Diminution in the value of her residence; cost of repairs; costs of digging up her sewer line; costs of cleaning her home; loss of personal property; loss of sentimental and irreplaceable photographs and other items; personal injury as a result of breathing odors caused by fecal matter in her basement; annoyance and inconvenience; emotional distress; and mental anguish.

She also seeks punitive damages and charges the sanitary board with breaching a contract, negligence and stating a frivolous defense to her claim.

Judge Irene Berger has been assigned the case.

Kanawha Circuit Court case number 06-C-1618

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