Alan settles sewage damage case for $1.35 million
I am pleased to announce that I have settled, on my clients’ behalf, a case arising from a substantial sewage backup at a condominium complex in Taunton.
The defendants, including the City of Taunton, have agreed to pay a total of $1,350,000 to my clients, the owners of 14 units within the condominium.
The backups occurred during heavy rains in October, 2005 and June, 2006. The first incident resulted in the displacement of four of the 14 unit owners for anywhere from a few weeks to several months. The second incident resulted in the condemnation of the units and their reconstruction from walls in, a process that took approximately seven months.
The suit alleged that the Taunton sewage system was in disrepair, and as a result could not handle heavy rains and was vulnerable to discharges onto private property at low elevations (the condo complex was at one of the lowest points in the city). The suit further alleged that the trustees were aware of backups prior to 2005 but took no action to prevent further incidents from occurring, and alleged that a contractor who was finally hired by the trustees between 2005 and 2006 incidents unreasonably delayed in installiing a “backflow” valve that, if installed in time, would have prevented the 2006 incident from occurring.
The case was settled after nearly three days of mediation with Brian Mone, one of the most well-regarded mediators in the area.
The settlement is believed to be the largest settlement of a sewage loss in Massachusetts history.