Warren Richard v. Greater New Haven Water Pollution Control Authority (2012)

MEMORANDUM OF DECISION

The plaintiff Richard Warren, an elderly person, originally brought this action in the small claims court against the defendant Greater New Haven Water Pollution Control Authority seeking damages in the amount of $5,000 as a result of water backing up from the public sewer system into the plaintiff's lateral line causing corrosion of the trap.   On motion filed by the defendant, the matter was transferred to the regular docket.

The matter was tried before this court over the course of two days during which the court allowed the plaintiff's younger brother Alfred Warren, to participate in this trial because of the elderly age of the pro se plaintiff not withstanding Alfred is not an attorney and the defendant's objection.

The court finds, as more fully demonstrated by the video entered into evidence by the plaintiff, that the back-up was caused by the poor maintenance of the sewer system owned and maintained by the defendant near the lateral line to the plaintiff's residence.   This resulted in the “trap” corroding and water entering into the basement of the home of the plaintiff.¹

The plaintiff employed a plumber, Baldino & Son to replace the trap and related lateral line at a cost of $10,079.00.   However, the plaintiff conceded that the lateral line and trap would have lasted only five years before replacement would be necessary notwithstanding the negligence of the defendant.   Accordingly, the court will order damages in favor of the plaintiff and against the defendant in the amount of $5,000.00 plus taxable costs.

Robert I. Berdon

Judge Trial Referee

FOOTNOTES

FN1. The damage caused to the home of the plaintiff was covered by insurance and is not being claimed by the plaintiff..  FN1. The damage caused to the home of the plaintiff was covered by insurance and is not being claimed by the plaintiff.

Berdon, Robert I., J.T.R.