by peter e. bortner
A Coaldale man is suing the borough for what he says was its negligence in allowing sewage and water to back up into his home and forcing him to leave it temporarily last winter.
In a four-page complaint filed Wednesday in Schuylkill County Court, Lucky Zavitsky alleged that the borough failed to find a blockage in its utility lines near his 35 W. Ruddle St. home.
"The Borough had a duty to properly maintain the sanitary and storm water system that provided utility service to Mr. Zavitsky's home," the complaint reads in part. "The Borough breached its duty by not clearing a simple blockage in the utility lines that serviced Mr. Zavitsky's home."
Zavitsky asked for damages of $20,492.06 and demanded a jury trial of the case.
Zavitsky alleged that the problems began on Sept. 22, 2011, when he noticed gray water gushing from his home.
He said in the complaint that he reported the situation that same day to the borough, but that both the fire department and the borough told him there was nothing wrong with the utility pipes.
On Nov. 11, 2011, the problem occurred again, and the fire department came to pump water out of his basement, according to the complaint. However, borough officials again said there was no problem with the sewer lines, the complaint reads in part.
Unfortunately, the problem got worse, resulting in water and sewage continuously entering Zavitsky's home and his being forced to move out of it, according to the complaint.
"Despite frequent notice to the Borough, no action was taken to attempt to pinpoint or correct the problem," according to the complaint.
Finally, borough Manager Kenny Hankie tested the utility lines on March 5, 2012, and found a blockage just past Zavitsky's home, the lawsuit reads in part. The blockage was removed, and no further problems have occurred, according to the lawsuit.
However, the borough was negligent in not properly maintaining and repairing the system, which created a dangerous condition and caused damage to Zavitsky's home and the contents of the basement, the lawsuit reads in part.
Zavitsky asked that the borough be required to compensate him for repairs to his home and the loss of personal property in his basement.