Morgantown couple says Westover Shopping Center sewer line caused injuries

MORGANTOWN -- A Morgantown couple is suing the City of Westover and Westover Shopping Center for injuries sustained because of a broken storm water sewer line.

Sometime in the spring or summer of 2009, the City of Westover became aware of a defective storm water sewer system in, around and above Westover Shopping Center, and retained an engineer to inspect the storm water sewer system and made appropriate recommendations to correct the problem to protect the buildings, walkways and parking areas, according to a complaint filed Dec. 30, 2011, in Monongalia Circuit Court.

Patrick J. Rundle and Sandra L. Rundle claim the City negligently took little or no action to properly correct the defective storm water sewer line.

On Oct. 9, 2009, the storm water sewer line abruptly failed or collapsed with explosive force, causing significant water damage to the buildings, walkways and parking areas, allowing water to freely run uncontrolled over the walkways and parking areas in the shopping center, according to the suit.

The Rundles claim on Jan. 27, 2010, Patrick J. Rundle was a business invitee of Frank's, one of the businesses owned and operated in the shopping center, and was parked in one of the common area parking lot.

The defective storm water sewer line was flowing across the parking lot while Patrick Rundle was in the building, and when he attempted to return to his car, he slipped and fell on black ice and was injured, according to the suit.

The Rundles claim the defendants failed to take any action to insure that the walkways and parking areas were maintained in a safe condition.

The Rundles are seeking compensatory damages. They are being represented by Wesley W. Metheney.

Monongalia Circuit Court case number: 11-C-792