Atlanta, GA (PRWEB) February 1, 2006 -- After nearly three weeks of trial, and more than three years of waiting for their day in court, long-time Atlanta homeowners have finally received some justice. Eighteen homeowners were awarded nearly 2 million dollars in a verdict handed down by a jury on January 27, 2006, in the State Court of Fulton County as compensation for the damage to and loss of their homes and property as a result of the City of Atlanta’s negligence.

In the complaint (Hutcherson et al. vs. City of Atlanta 05-EV-000163E and Broadnax et al. vs. City of Atlanta 05VS083399-D)
filed November 11, 2004 by Atlanta attorney Sam Starks and Clint Sitton, of the Atlanta law firm Martin & Jones, the plaintiffs alleged that “the failure of the City of Atlanta to maintain its sewer and storm water drainage system resulted in significant flooding of plaintiffs’ homes and neighborhood on September 21, 2002.”

The plaintiffs and their attorneys showed the Fulton County jury how the City of Atlanta failed to construct and maintain a functional sewer and storm water drainage system despite years of continuing and persistent flooding of streets and neighborhood. These homes are located in Southwest Atlanta near Booker T. Washington High School. This area is serviced by a combined sewer and storm water drainage system that was constructed by the City of Atlanta in the early 1900s.

Attorney Starks stated in court that the system has not been maintained in any appreciable way since the dates of its construction, despite continuing growth and development in the area. He further explained that the system did not meet design standards in place for almost fifty years and, therefore, lacked adequate capacity to convey storm water and raw sewage away from the neighborhood during a hard rain.

Additionally, the Martin & Jones attorney showed that the City failed to remove trash and debris from the streets and sidewalks which caused the catch basins and storm drains to become clogged, in turn contributing to the sewer and storm water leaks and overflows. The City’s own notes recorded complaints as far back as 1972. According to Sitton, nothing has ever been done to correct the problem.

The heavy rainfall that occurred on September 21, 2002 sent raw sewage into the streets and homes of the Washington Park residents. The extreme flooding required some residents to be evacuated by boat. The filth and debris that contaminated the homes caused toxic mold, bacteria and viruses to develop and resulted in the infestation of insects and rodents. The evacuation left the residents’ homes vulnerable to rampant burglary and vandalism.

Fulton County issued a public health emergency for the neighborhood and instructed the City to provide assistance in addressing the public health problems. Environmental assessments of the flood-affected areas determined the homes and neighborhood to be in need of decontamination and mold remediation.

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