Construction company blamed for raw sewage backup

After paying more than $50,000 to Bethalto residents who claimed raw sewage backed into their homes, the Illinois Municipal League Risk Management Association filed suit against the construction company it claims bears responsibility for the mess.

Illinois Municipal League Risk Management Association filed a complaint July 21 in Madison County Circuit Court against Berco Construction.

The plaintiff claims it paid $51,944.24 to Bethalto residents living at 119 North Independence, 39 Brooks Drive and 35 Brooks Drive after the homeowners filed claims against it for damages caused to their homes when raw sewage leaked in.

Illinois Municipal League Risk Management Association, though, says it shoulders no responsibility for the mess and instead has placed the blame on Berco.

"On or about April 1, 2008, Defendant by and through its agents, servants and employees negligently bored a hole in the ground too close to a sewer line putting pressure and significant force on the soil around the sewer line which caused the sewer line to collapse and as a result of that collapse raw sewage backed up into the homes located at the above addresses causing damage thereto," the suit states.

In its complaint, Illinois Municipal League Risk Management Association seeks damages, plus costs and other relief the court deems just.

Richard A. Mixson of Miller and Steeno in St. Louis will be representing it.

Madison County Circuit Court case number: 10-L-761.