Town to defend itself “to the fullest” in $9 million lawsuit

Town Logo Small-webBy Ron Giofu

The town of Amherstburg is defending itself from a lawsuit alleging negligence and breach of fiduciary duty stemming from the August 9, 2011 flood.

The flood saw a number of homes, many of which were in the area known as the “Monopoly” subdivision, damaged with basements filled with water and contents destroyed. The town was served with the lawsuit last Wednesday afternoon with claim being for 75 addresses that are being represented by one insurance company. Amherstburg is a co-defendant in the lawsuit.

Plaintiffs are seeking $5 million in general non-pecuniary and aggravated damages for negligence, breach of fiduciary duty and nuisance, $3 million for diminution and loss of property value and $1 million for punitive damages.

“The insurance company is still unknown at this time, but we are trying to figure that out,” said deputy clerk/risk manager Paula Parker. According to Parker, “the Town has not had any previous lawsuits regarding such an insurance claim.” Parker stated “there were numerous other individual claims in 2011 regarding the same flooding incident that were denied on the basis of no negligence. “

The Town could not control the amount of water that fell on us on August 9, 2011, and although the sewer infrastructure was functioning properly it was overwhelmed,” Parker claimed.

Parker added the Town “intends to defend the claim to the fullest.” She stated the lawsuit “has been handed over to the insurance lawyers that are defending the Town and it is now in the court’s hands.” Claims and allegations from both sides in the lawsuit have not yet been heard in court.

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