PITTSBURGH – A pair of Pittsburgh landlord-tenant neighbors allege that the City’s Water and Sewer Authority defectively designed and later failed to repair a deteriorating storm sewer culvert, which caused storm water runoff to flow into the plaintiffs’ residences.
Sandra C. Hill and Alan Ricketts filed suit in the Allegheny County Court of Common Pleas on Dec. 7 versus the Pittsburgh Water and Sewer Authority. All parties are of Pittsburgh.
“Plaintiff Hill is the lawful owner of a duplex (multi-family home) on property located at 8882-8884 Frankstown Road, Allegheny County, Pittsburgh, Pennsylvania 15235. Plaintiff Ricketts is a tenant who resides in the subject property,” the suit says.
“The defendant owned and controlled the storm sewer system including but not limited to drainage pipes, culverts and structures installed throughout the City of Pittsburgh; The municipal authority was responsible for the design, construction, inspection, maintenance and repair of the storm sewer system at or near the subject property, and said storm sewer and related structures were under this defendant’s care, custody and control.”
The suit adds that over a long period of time, the defendant allowed the culvert or inlet adjacent to the subject property to deteriorate and eventually collapse, blocking the inlet and preventing the surface water from flowing into the storm sewer system – in addition to failing to repair the structure, or notice that the collapsed inlet with the manhole cover formed an artificial ramp that caused storm water from the roadway to flow onto plaintiff Hill’s property.
“On July 11, 2019, during a heavy rainfall, storm water from the road surface diverted by the aforesaid damaged inlet flowed directly onto the subject property, causing substantial structural damage to the subject property and the personal property inside the basements of the residences. The defendant had no easement or legal right-of-way from the plaintiffs to direct storm water across the subject property,” according to the suit.
For counts of negligent control of real estate and trespass to property, the plaintiffs are seeking damages in excess of the arbitration limits of this jurisdiction and a trial by jury.
The plaintiffs are represented by Margaret M. Egan and Alexander J. Jamiolkowski of Egan & Jamiolkowski, in Pittsburgh.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-20-012351
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com