HUNTINGTON – A Barboursville doctor is suing Outback Steakhouse after he claims it is responsible for flooding that caused a sinkhole and other damages to his property.
Bloomin' Brands Inc.; OSI Restaurant Partners LLC; R.E.X. Inc.; and John Doe Franchisee were named as defendants in the suit.
In September 2009, Dr. Timothy G. Saxe’s lot flooded un an uncharacteristic manner after a rainfall event and, over the ensuing years, these flooding events continued and have been more frequent and severe, according to a complaint filed Sept. 6 in Cabell Circuit Court.
Saxe claims the flooding events have caused a sinkhole to develop in his parking lot.
The adjacent lot is owed by R.E.X. and leased to OSI and/or John Doe for the operation of the Outback Steakhouse, according to the suit.
Saxe claims an investigation of the sinkhole has revealed that it has damaged or destroyed underground culverts and storm water drainage structures located in the parking lot.
The sink hole and the neglected, damaged and dysfunctional underground culverts, drainage structures and lines in the lot have caused regular flooding to the parking lot and a foul smell to fill the air in and around Saxe’s medical practice and are believed to give rise to an unsanitary release of raw sewage in to the water which floods the lot and rains into the local storm water run-off systems, according to the suit.
Saxe claims the defendants failed or refused to abate the sink hole and repair the damaged or destroyed sanitary sewer and storm drainage systems within it which has caused him damage.
Saxe is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Mark E. Troy of Troy Law Firm.
The case is assigned to Circuit Judge F. Jane Hustead.
Cabell County Circuit Court case number: 16-C-571