WAYNE - A third lawsuit has been filed against the City of Huntington for allegedly failing to maintain the Krouts Creek stormwater control system and causing six individuals and Marshall Rentals WV LLC property damages.
Marshall Rentals; Jamael Hall and Megan Hall; Craig Kiger; Vicki Dunn-Marshall; Charles Steffy and Debra Steffy suffered damages after Huntington failed to maintain its Krouts Creek stormwater control system in 2006, 2009 and 2011, according to a complaint filed May 9 in Wayne Circuit Court.
The plaintiffs claim a Wayne County jury concluded in 2010 that the City of Huntington was responsible for property damages and a second suit was filed against Huntington in 2010 for the same flood event after the city refused to maintain the stormwater system.
Another jury also found the city liable and awarded damages, according to the suit.
The plaintiffs claim Huntington's callous conduct has jeopardized their safety and security in their homes and has caused more damages to their property.
Huntington has no privilege or immunity to excuse its failure to maintain the stormwater drainage system, according to the suit.
The plaintiffs claim the city had a mandatory, nondiscretionary duty to maintain the Krouts Creek stormwater control system in a manner that would cause no harm to the residents of Spring Valley and has knowingly failed to comply with its duty to maintain the system with full knowledge of the consequences.
As established by the jury's verdict in April 2010 and Jan. 25, the city breached its duty by failing to clear the trash rack of debris in 2006, 2009 and 2011, and by allowing debris to build up on the trash rack, according to the suit.
The plaintiffs are seeking compensatory damages with pre- and post-judgment interest. They are being represented by John W. Barrett, Jonathan R. Marshall and Michael B. Hissam of Bailey & Glasser LLP.
The case has been assigned to Circuit Judge Darrell Pratt.
Wayne Circuit Court case number: 13-C-082