Another suit filed against O'Fallon over raw sewage back up

Kelly Holleran Oct. 7, 2009, 5:27am

Another lawsuit has been filed against the city of O'Fallon, alleging the city is responsible for raw sewage back up.

Linda Todoroff, who now resides in Madison County, claims raw sewage backflowed through O'Fallon's sewer system and into her basement at her former residence located at 610 West Adams, from Dec. 3 through Dec. 24, 2004.

A similar suit was filed the same day in St. Clair County Circuit Court by homeowner plaintiffs Douglas and Tamara Morton.

"The raw sewage in Plaintiffs' basement caused the basement to be filled with excrement, human waste, toilet paper and other waste materials and filth and caused noxious odors that created a hazardous condition in Plaintiff's home and caused Plaintiff to be unable to use her basement," the suit filed Sept. 28 states.

O'Fallon has known for years that the sewer line that services Todoroff's former home was prone to problems and sewer back up, according to the complaint.

Because of the sewer problems, Todoroff claims she has endured discomfort and annoyance, has incurred costs for the cleaning and sanitization of her property and has spent money on necessary remediation of her property. In addition, she incurred repair, replacement and improvement costs, suffered damages to great sentimental pieces, suffered a depreciation in the value of her home and was denied the comfortable use of her home, the complaint says.

Todoroff blames O'Fallon for failing to operate the sewer system in a safe manner, for failing to inspect the sewer system, for failing to repair the sewer system and for failing to adequately design the sewer system.

In the four-count suit, Todoroff is seeking a judgment of more than $200,000, plus other relief the court deems just.

Hrant "Hud" Norsigian Jr. of Norsigian Law Office in O'Fallon will be representing her. He also represents the Mortons.

St. Clair County Circuit Court case number: 09-L-511.

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