Lawsuit against Charleston over allegedly clogged drain settled

CHARLESTON - A lawsuit against the City of Charleston for property damages has been settled and dismissed from Kanawha Circuit Court.

On Jan. 3, the plaintiff and the defendant represented to the court that all matters in controversy between and among the parties have been fully settled and compromised and the parties jointly moved the court to dismiss the matter with prejudice, according to an Order of Voluntary Dismissal.

On May 17, 2010, the storm drain located along Dartmouth Avenue became blocked and the water that should have been traveling through the storm drain left the confines of the drain, flowed across a neighbor’s property and onto Robert Hill’s property, according to a complaint filed July 21, 2011, in Kanawha Circuit Court.

Hill claimed the water caused extensive damage to his property, including destruction of an air conditioning unit and retaining wall.

The water escaped from the storm drain due to the dilapidated condition in which the storm drain was maintained by the defendant, according to the suit.

Hill claimed the defendant was negligence in maintaining the storm drain in a reasonably prudent manner so as to prevent damage to other persons’ property.

The defendant breached its duty by failing to maintain the storm drain and caused the damages done to Hill’s residence, according to the suit.

Hill was seeking compensatory damages. He was being represented by Keisha May of Ciccarello, Del Giudice & LaFon.

The defendant was represented by Karen Tracy McElhinny of Shuman, McCuskey & Slicer PLLC.

The case was assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-1208