Advertisement
 
Sunday, May 01, 2016
Amsterdam, NY ,

 

Advertisement

Amsterdam couple sues city, company

Saturday, November 30, 2013 - Updated: 7:38 AM

By ALISSA SCOTT

alissa.scott@recordernews.com

An Amsterdam couple is suing the city and an area construction company after a project to their sewer system exploded and leaked into their home.

According to a complaint filed at the Montgomery County Clerk's Office late last month, Luke and Nicole Sheldon are seeking restitution in the amount of $21,000. Their claims stem from damage caused by the sewage and wastewater lines that discharged in their home a year ago.

The Sheldons contacted the city, who operates the municipal sewage disposal system, last year to repair the wastewater lines under Orange Street, where the couple and their three young daughters live. The job, the complaint states, was done by TKC Construction Co. NY, of Gansevoort, and was conducted in a "negligent and incompetent manner."

The papers further explained the defendants failed to provide adequate piping to carry the sewage from the Sheldons' home, "negligently maintaining" the sewer in the first place, and after they were alerted to the problem, they failed to timely remove the obstruction to prevent further damage.

Mid-September into early October, sewage began "backing up and discharging" through the basement drain and toilet in the bathroom of the Sheldons' home. During this time, the Sheldons contacted Mayor Ann Thane, the construction company, and the city engineer.

The documents says Thane said the matter would be "immediately looked into" and the foreman on the job told the family it "would be resolved."

"The plaintiffs made repeated calls to the defendant and were repeatedly assured that the matter would be immediately taken care of," the papers say.

When they saw no results after a month, a notice of claim was served to the city who the reports states refused to pay the family.

As they waited, the raw sewage covered the floors of the Sheldons' home and filled the basement of the house. Numerous personal belongings stored in the basement have been damaged "beyond repair." Though the Sheldons said they did everything they could to limit the damage, it became uncontrollable and sewage levels surfaced to the first floor of their home. The property damage totals $21,000, court papers say.

The damages, which were the "direct and proximate result of acts and omissions of negligence of defendant," also extend to the well-being of Luke and Nicole Sheldon and also their infant daughters Serenity, Kelly and Lilliana.

The document states the entire family sought and obtained medical treatment and will have to continue to do so in the future. They have been "internally, externally and emotionally" damaged and "have been unable to perform their normal activities for a considerable period of time."

Because of that, each have been "injured, bruised and wounded," the complaint states and the family has been deprived of "consortium, loved, aid and affection" in both their marital and parent-child relationships. They believe that behavior will continue.

TKC Construction Co. NY, city attorney Gerard DeCusatis, and DeLorenzo Law Firm, LLP did not return requests for comment.

Follow Alissa Scott on Twitter at twitter.com/Recorder_Alissa

     

Comments made about this article - 0 Total

Comment on this article

Advertisement
Subscribe to The Recorder

 

The Recorder Sports Schedule

Most Popular

    Area high school sports calendar
    Monday, April 25, 2016

    Dr. Tom Catena named finalist for humanitarian award
    Monday, April 25, 2016

    Mary Katherine Szasz
    Monday, April 25, 2016

    McGillin tosses two-hitter in Amsterdam's 7-0 victory
    Tuesday, April 26, 2016

    State unable to determine city's fiscal stress score
    Wednesday, April 27, 2016

    Corrections officer pleads guilty to assault
    Wednesday, April 27, 2016

    Town board moves toward banning binary explosives
    Monday, April 25, 2016

    Ground broken on East End park
    Tuesday, April 26, 2016

    Legislators drop salary raises for current term
    Wednesday, April 27, 2016

    Conservation group helps with Schoharie Crossing site cleanup
    Thursday, April 28, 2016

Advertisement

Copyright © McClary Media, Inc.

Privacy Policies: The Recorder

Contact Us

Twitter

Instagram

Facebook