Ryan Homes, City of Charles Town sued is three separate lawsuits

By Kyla Asbury | Mar 12, 2010

CHARLES TOWN -- Four individuals are suing NVR Inc., and the City of Charles Town in three separate lawsuits after they claim their basements were flooded several times with raw sewage.

Glenn and Suzanne Moreland, Rachel Miller and Joan Noh all claim their basements of their homes were flooded several times with raw sewage that affected areas of their homes, according to three complaints filed Jan. 29 in Jefferson Circuit Court.

The plaintiffs claim water began coming in the basements of their homes through floor drains.

The Morelands claim in 2004, 2005 and 2008 they experienced raw sewage backing up into their basement through the floor drain and had left puddles of debris on the floor along the back wall.

The plaintiffs all claim the City of Charles Town is responsible to ensure the proper functioning and maintenance of the sewage system.

Mr. and Mrs. Moreland, Miller and Noh allege breach of contract, breach of implied warranty, fraudulent concealment and negligence against NVR, which is doing business as Ryan Homes, and negligence against the City of Charles Town for failing to ensure that the municipal sewage system was properly maintained and properly functioning.

The plaintiffs are seeking punitive damages, pre- and post-judgment interest, court costs and attorney fees. They are all being represented by Kirk H. Bottner.

The cases have been assigned to Circuit Judge John Yoder.

Jefferson Circuit Court case numbers: 10-C-27, 10-C-28, 10-C-29

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