CHARLESTON — A husband and wife are suing a city and its sewer service overseers, citing alleged nuisance, trespass and strict liability.
Ross and Lanee Kirk filed a complaint in Kanawha Circuit Court against the City of St. Albans, et al. alleging that they breached their duty to ensure that their sewer lines and drainage ditches are kept in a proper state of repair.
According to the complaint, the Kirks allege that on June 17, 2018, the Kirk's real and personal properties suffered significant damage due to water intrusion, flooding and raw sewage. They suffered loss of use of their property, annoyance and inconvenience, and incurred costs to replace and repair the damages.
The plaintiffs hold the City of St. Albans, et al. responsible because they allegedly failed to properly maintain their water, sewer and drainage systems, and drainage ditches.
The plaintiffs request a trial by jury and seek compensatory and punitive damages, attorney's fees, costs and such other proper and just relief. They are represented by Shawn R. Romano and Miles B. Berger of Romano & Associates PLLC in Charleston.
Kanawha Circuit Court Case number 18-C-1503
