Ruth
A couple suing the city of Edwardsville and it water provider over raw sewage backup in their basement is asking to amend their complaint.
Plaintiffs Rodney and Sandra Wolter filed the move to amend Aug. 4.
The couple's complaint also names Veolia Water North America Central LLC as a defendant. They are seeking more than $400,000 in damages over the incident that happened in September 2009.
The Wolters claim that the defendants knew that the sewer system that served the plaintiffs' home was prone to back-ups and that the defendants did nothing about it.
Their complaint claims they endured annoyance, discomfort and incurred expenses cleaning up the back-up due to the incident.
Veolia has a claim for contribution against Edwardsville pending.
That move claims that the city is solely liable for the alleged damage and that the sewer company is protected by contractual indemnity.
The Aug. 4 motion seeking to amend the plaintiff's complaint seeks to add counts related to seven back-up incidents that have occurred this year.
The motion is set for hearing Friday at 9 a.m., according to a notice of hearing filed the same day as the Aug. 4 motion for leave to amend.
The case was originally assigned to Madison County Circuit Judge Barbara Crowder.
She recused herself from the case in July 2009.
The case then went to Madison County Circuit Judge Dennis Ruth.
The plaintiffs are represented by Hrant Norsigian of O'Fallon.
Edwardsville is represented by Christine McClimans of Alton.
Veolia is represented by C. Raymond Bell of St. Louis.
The case is Madison case number 09-L-203.