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Steve Myers
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City liability in sewage backups gets deeper
FLINT
THE FLINT JOURNAL FIRST EDITION
Monday, August 07, 2006
By Robert Snell
rsnell@flintjournal.com • 810.766.6302
FLINT - The city's damage bill from sewer backup cases continues to climb as two juries recently awarded 26 people more than $866,000.
That's on top of $1.3 million awarded in May to eight other homeowners, and there could be millions more awarded by March in pending cases involving about 170 people.
The civil actions were filed after the city refused to settle with homeowners who suffered damage during floods and sewer backups six years ago. Trials are scheduled through March, each broken into groups of about a dozen plaintiffs.
Two separate juries awarded the money on July 26 and July 28, Genesee Circuit Court records show. But the real total could be about $1.5 million once attorney fees and sanctions are included because the city rejected a case evaluator's recommendation, said Dean Yeotis, the homeowners' attorney.
The next jury convenes Aug. 25.
"My clients are very happy," Yeotis said. "They would have settled for less a long time ago."
"I want to get rid of all these lawsuits," he said. "Based on how these jury verdicts are coming back, if I have a chance to settle future ones, I want to settle them."
Many residents in the two cases live on the south side, near I-475 and W. Atherton Road.
Charla and Matt Babieracki were awarded $66,895.
On three occasions in 2000, heavy rains forced sewer waste into the basement of their Alvord Avenue home.
The couple was remodeling at the time and had relocated everything they owned to the basement. Baby photos, a grandfather's war uniform and trinkets are all gone.
She said the money was fair, but she would have settled for an explanation other than the "act of God" excuse she said was given by city officials.
"Living in that house 14 of 15 years, God never did that to me one time," she said.
The family moved to Mundy Township four years ago.
The city's attorney, Barry Wolf, could not be reached for comment by The Flint Journal, and it was unclear whether he would appeal the awards.
Yeotis expects an appeal and doubts the city will settle the remaining cases.
"They've not talked to me in several months about settlement," he said.
The city should not appeal, said Councilman Ehren Gonzales, whose 8th Ward includes many of the flood victims.
"I want to get rid of all these lawsuits," he said. "Based on how these jury verdicts are coming back, if I have a chance to settle future ones, I want to settle them."
Many residents in the two cases live on the south side, near I-475 and W. Atherton Road.
Charla and Matt Babieracki were awarded $66,895.
On three occasions in 2000, heavy rains forced sewer waste into the basement of their Alvord Avenue home.
The couple was remodeling at the time and had relocated everything they owned to the basement. Baby photos, a grandfather's war uniform and trinkets are all gone.
She said the money was fair, but she would have settled for an explanation other than the "act of God" excuse she said was given by city officials.
"Living in that house 14 of 15 years, God never did that to me one time," she said.
The family moved to Mundy Township four years ago.
http://www.mlive.com/news/fljournal/index.ssf?/base/news-38/1154958818156600.xml&coll=5 |
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Steve Myers |
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Mon Aug 07, 2006 7:31 pm |
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Adam Ford
F L I N T O I D
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| Who screwed up? Who made the decision to "rejected a case evaluator's recommendation"??? Was this Tracehlle or the mayors decision? This is a sad story all the way around. This will cost us a lot of police. |
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Mon Aug 07, 2006 10:18 pm |
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