THURMONT,
Md. – Three Thurmont families have filed a $6-million
lawsuit because of sewer back-ups that occurred in their homes
in September 2004.
Deborah
and Robert Massett, Ron and Kathy Bishop and Harold and
Paula Furr filed the lawsuit on Sept. 27, three years after
they claim sewer back-ups flooded their homes. “The
flooding and sewage was caused by the Town of Thurmont’s
failure properly to design, construct and/or maintain the
Town of Thurmont’s storm water and sewage systems,”
according to the lawsuit.
The
lawsuit, in essence, makes the same claims as another lawsuit
that is currently in appeals. However, the new lawsuit deals
with sewer back-ups that occurred on Sept. 28, 2004 rather
than in 2003.
“The
town was just served the complaint a couple days ago,”
said John Coppock Jr., attorney for the plaintiffs. “It’s
still in its infancy.”
Each
couple charged the town with negligence, private nuisance,
private action for public nuisance and trespass for a total
of 12 counts. For each count, the plaintiffs have asked
for $500,000.
“Part
of this will definitely not be covered by our insurance,”
said Thurmont Mayor Martin Burns. The portion not covered
would be any part of the award made due to pollution.
The
basis of the lawsuit is that the plaintiffs claim the town
hasn’t fixed its sewer system and is operating in
violation of the Maryland Department of the Environment
consent agreement.
“During
heavy rains, the Town of Thurmont sets up a pump in a manhole
in Ironmaster Court and pumps sewage and storm water into
a holding pond off of Ironmaster Court. The activity is
always conducted through the evening, creates loud noise,
is disruptive to the residents, and leaves the area smelling
foul because of the now standing sewage behind their homes,”
according to the lawsuit.
Because
of the backups, the plaintiffs claim “the Town of
Thurmont has caused substantial damages to the Plaintiffs,
including damages to Plaintiffs’ residence, loss of
personal property, damage from inconvenience and aggravation,
mental anguish, and damages from the expenditure of funds
for investigations, repairs, corrections and maintenance,”
according to the lawsuit.
“I’m
quite surprised that two of the previous plaintiffs who
won substantial amounts in the first lawsuit filed again,”
Burns said.
The
Bishops and Furrs are part of a group of seven families
who sued the town for $9 million and were awarded nearly
$3.5 million in May for sewer backups in the plaintiffs’
homes in 2003. In post-trial motions in August, Judge Julie
Stevenson Solt reduced the award amount by $900,000 due
to duplication in the award and Solt’s ruling to municipal
protections under state law that capped how much a family
could be awarded.
According
to Coppock, the Massetts were part of an amended complaint
to the first lawsuit, which would have allowed them to be
included. However, the courts rejected that amendment.
The
Massetts claimed at that time actual losses around $30,000.
The
Bishops actual damages in the first lawsuit were $36,221
and the Furrs suffered $17,488 in actual damages. The Bishops’
award currently from the first case is $427,221.86 and the
Furrs’ award is currently $373,950.29.
