SINKHOLE SUITS DISMISSED BY MAGISTRATE - Could Go To Circuit Court

(08/27/2004)

Calhoun magistrate Teresa Robinson dismissed two civil cases yesterday against the Town of Grantsville, without prejudice. The lawsuits were brought against the town by two residents claiming damages related to a collapsing sinkhole in the street that spews water when it rains. The water spills over their property. Robert Petrovsky brought the first suit, claiming Florence Street has been collapsing for at least 20 months, and numerous requests to the town have not remedied the problem. He was requesting $3,500 for his labor and time, including water he has used for clean-ups, among other costs related to the suit. The Davis family sued for $4,999.99 plus court costs, related to their damages. The town has been conducting some work on the problem. The town's response through attorney Kevin Postalwait said one or both complainants failed to state a claim upon which relief could be granted. Postalwait's response also says the town asserts absolute immunity pursuant to WV Code, the town did not act negligently, the town did not breach any legal duty owed to the plaintiff and the town is without "sufficient knowledge of information to either admit or deny the truth of the factual allegations of the complaint." The suits could now go to circuit court.

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