GRAFTON — A man is suing the City of Grafton alleging that his real property was damaged.
Grafton has filed a notice that it will be filing a defense in the case.
Hunter Skinner owns a home in Grafton and on Dec. 27, 2021, Grafton's wastewater system malfunctioned and caused sewage to back up into his home, resulting in substantial damage, according to a complaint filed in Taylor Circuit Court.
Skinner claims the sewage filled his basement and his bathroom, damaged the contents of both rooms, damaged floors and drywall, entered into the home's HVAC system, damaged personal property, caused mold in the home and resulted in substantial aggravation and inconvenience to Skinner and his family.
"The Backup Incident caused damage to Plaintiff's real and personal property, leading to monetary damages including but not limited to substantial, realized and anticipated costs to remediate and repair the property," the complaint states.
Skinner claims the defendant negligently failed to maintain, operate and service Grafton's wastewater/sewage system, resulting in damage to the plaintiff and his property.
Despite knowledge of the damage and demand to fund the remediation of the damage, Grafton has taken no action to repair or remediate the issue, nor compensate Skinner for it, according to the suit.
Skinner is seeking compensatory damages with pre- and post-judgment interest. He is represented by Frank E. Simmerman Jr., Chad L. Taylor and Frank E. Simmerman III of Simmerman Law Office in Clarksburg.
"In accordance with Rule 12(a) of the West Virginia Rules of Civil Procedure, you are hereby notified that the Defendant, The City of Grafton, hereby asserts a bona fide defense in the allegations made against it in the Plaintiff's complaint," the notice states. "Therefore, an appropriate responsive pleading will be served on Plaintiff on or before the expiration of thirty days from the date of service pursuant to West Virginia Code."
Grafton is represented by Tiffany R. Durst of Pullin Fowler Flanagan Brown & Poe in Morgantown.
The case is assigned to Circuit Judge Thomas B. Hoxie.
Taylor Circuit Court case number: 23-C-23
