SCRANTON — A couple allege a storm water drainage trench installed behind their property by PennDOT and others has caused flooding damage.
Karen Schofield and Paul Sekol filed a complaint Jan. 21 in the Court of Common Pleas of Lackawanna County against Clark Summit Borough, South Abington Township and the Commonwealth of Pennsylvania Department of Transportation alleging negligence, trespass and other claims.
According to their complaint, the plaintiffs own property on Sumner Avenue in the South Abington Township. They allege the defendants installed a storm water runoff trench behind their property which they have failed to keep clean, inspect, maintain and repair and has caused excess amounts of water to flood their property.
The plaintiffs claim that on Aug. 23, 2021, their property was flooded by storm water runoff which caused "extensive" and "permanent" damage to their property. They allege the defendants' negligence for failing to properly design and construct the storm water trench and for directing the water runoff to where it would cause flooding conditions on their property. They also allege the defendants' negligence for failing to expand the trench to meet the needs of the community and claim the defendants trespass has interfered with the enjoyment of their property and caused financial loss.
The plaintiffs seek monetary relief, trial by jury and all other proper relief. They are represented by Michael Perry and Kelly Hadley of O'Malley & Perry PC in Scranton.
Court of Common Pleas of Lackawanna County case number 2022-CV-401