A jury trial is slated for Aug. 9, 10, and 11 in Fulton County Circuit Court for a case between Dr. Alan Jones and Mr. and Mrs. Charles Browder of Fulton, against the city of Fulton.
The Browders are the owners of the four Main Street buildings that were damaged in a sewer mishap in January 2006. Dr. Alan Jones’ business was affected, along with three other businesses.
Jones and the Browders are seeking reimbursement for out-of-pocket expenses incurred during the mishap.
At the time of the incident, in which the sewage system backed up and overflowed inside the businesses, City Manager Kenney Etherton said he had made the city’s insurance carrier aware of the problem, and if, in fact, responsibility did fall on the city’s shoulders, the insurance company would take over.
Dr. Jones and the Browders since learned the city had dropped the insurance under the direction of former Mayor Elaine Forrester and City Manager John Ward. Jen Ray Gearhart, owner
A clean-up crew was hired to clean the mess following the sewage back-up at four Main Street businesses in Fulton in January 2006. (File photo) |
of The Color Corner, another business affected during this mishap, and daughter of the Browders, said (the city) had elected to drop the insurance coverage, and referred to a city ordinance she said the city is using in the case. The ordinance states: “The building sewer may be brought into the building, below the basement floor, when gravity flow from the building into the sanitary sewer is at a grade of one-eighth inch per foot or more, if possible. In cases where the basement or floor levels are lower than the ground elevation at the point of connection to the sewer, adequate precautions by installation of checkvalves or other backflow prevention devices to protect against flooding shall be provided by the owner. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer at the expense of the owner.”
Gearhart said after the incident, her parents installed a checkvalve. The Browders’ insurance paid the maximum, but Gearhart said, “That didn’t even cover a fraction of it.” Gearhart, speaking on behalf of her parents, was not able to put a dollar figure on the damages.
“She just wants to recover the expenses they had to spend to get the building back in normal shape,” said Gearhart of her mother, Wilma Browder. “The grief she underwent was the stress of having to use the money they had saved for retirement. I have watched them age because of this.”
“The city didn’t have insurance, and we’re just trying to recoup our losses,” said Dr. Jones. “We haven’t reached an agreement, and (the city) really hasn’t made an effort. The judge ordered a mediator to try and resolve the matter before the court date. I’ve never been involved in anything like this, and it is very disappointing.”
City Manager Kenney Etherton had no comment on the matter. The city’s attorney, Mike Moore, of Paducah, said he is not at liberty to discuss litigation at this point.
Dr. Jones said his grandfather moved his dentistry practice to Fulton from Dresden, Tenn. in 1929, and later moved to Walnut Street in Fulton. His dad relocated the business to Main Street in 1952, and Dr. Jones has been operating in its current location since 1980.
“People are all the time asking me if this thing has been settled, and sadly, I have to tell them no,” he said.
The conflict between Jones and the city has convinced him to move his practice across the state line.
“That’s a huge part of it. We’re loyal people, and we have a hard time making decisions, especially one of this nature. We’re just very disappointed.”
In January 2006, Dr. Jones said, “The building had to be completely stripped,” adding all of the electrical and air lines used in his dental practice had to be replaced altogether for safety procedures. New carpet and linoleum as also installed.
Gary Haverstock, a Murray attorney, is representing Jones and the Browders in the case.
Originally, the case was filed against Smith Construction Co. of Calvert City and the City of Fulton; however, Smith Construction settled with paying a percentage of the damage.
Haverstock said the construction company had poured the asphalt, covering a manhole in the street and the sewage had built up, causing it to back up into the lines and buildings.
“We feel like the city of Fulton was negligent in failing to inspect and maintain the sewer lines,” said Haverstock. “We have an expert witness that indicates it is the city’s responsibility.”
Alexander, Thompson and Arnold Certified Public Accountants was another business affected; however, Terry Kephart, business owner, said her company insurance paid for damages sustained, and she is not a part of the lawsuit. Estimated damages to the business was $4,000-$5,000.
A vacant building, also owned by the Browders, that formerly housed Monumental Life Insurance Co. sustained damage, as well.
