BELLEVILLE - O’Fallon homeowners claim the city damaged their sump pump drainage system during a storm sewer renovation project and refused to pay for the repairs.
Steven and Brenda Dubs and Brenda’s daughter Adrienne Hunter filed the complaint in the St. Clair County Circuit Court against L.W. Contractors Inc. and The City of O’Fallon.
According to the complaint, Hunter and her minor daughter are tenants of Steven and Brenda at a home located on North Cedar Street in O’Fallon. The house has a basement with a sump pump, which is connected to a series of pipes outside the basement walls near or beneath the floor of the basement. The pipes drain into a small collecting well in the basement, and water is discharged through a four-inch pipe from the sump pump to the storm sewers near the street approximately 30 feet away. The system is meant to prevent water from flooding the basement.
The plaintiffs claim the sump pump system worked “perfectly” prior to July 14, when the city established a street improvement program titled “The West Presidential Street Improvement Project.” As part of the project, the city contracted with L.W. to add curbs to the street, to resurface the street with asphalt and to remove and replace the storm sewers.
The suit states that L.W. removed the storm sewer on North Cherry Street with a new storm sewer and then covered the storm sewer with dirt, which sloped downward from the street towards the plaintiffs’ yard. The defendant also installed a new concrete manhole on the shoulder of the road near where the sump pump pipe joined the old storm sewer system.
The plaintiffs allege that in the process of completing the work, L.W. either severed the sump pump pipe or buried the end of the pipe in the excavation, preventing the drainage of water from the sump pump pipe.
Then on July 14, O’Fallon was subjected to heavy rainfall, which deposited approximately 2.7 inches of water at the home. Because of the defendants alleged actions, the plaintiffs claim the rainwater backed up in the home’s basement. They allege there was approximately three inches of water throughout the entire basement.
The plaintiffs claim the owner of L.W. admitted that it was the defendant’s fault for failing to replace the pipe to permit drainage, and the city acknowledged that the sump pump failure was caused by its contractor. However, they claim the defendants refused to pay for the damages unless their insurance companies agreed to pay. Both insurance companies allegedly refused to pay.
“The storm sewer system provides a service to plaintiffs by providing a drainage system that prevents runoff water from the street and adjoining properties from accumulating on the plaintiffs’ property …,” the suit states.
“In exchange, Steven and Brenda pay the City for this service by paying their property taxes,” it continues.
The plaintiffs are seeking damages, plus attorney fees, court costs and all other relief the court deems just. They are represented by David Duree of David M. Duree & Associates in O’Fallon.
St. Clair County Circuit Court case number 23-LA-1121