Couple says South Charleston Sanitary Board, city are responsible for flood damages

By Kyla Asbury | Sep 21, 2010

CHARLESTON -- A couple is suing the South Charleston Sanitary Board and the City of South Charleston after they claim they're responsible for flood damages.

Scott Clark and Charlotte Clark have resided on Kentucky Street in South Charleston and have experienced flood damages on at least seven occasions, according to a complaint filed Sept. 1 in Kanawha Circuit Court.

The Clarks claim the defendants installed backflow preventers in and around Kentucky Street to prevent flooding into houses and has replaced the preventers on multiple occasions.

The defendants have a duty to keep and maintain aqueducts, viaducts, sewers and drains open, in repair and free from nuisance, according to the suit, and breached their duties by negligently failed to keep and maintain the storm sewer systems on Kentucky Street, causing flooding and damages.

The Clarks are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Roger A. Decanio and Annie M. Fewell.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 10-C-1578

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