http://www.nwaonline.net/articles/2007/09/12/news/091307fzromine.txt

Sewage Overflow Suit Heads To Jury Trial

Fayetteville woman claims city at fault

This article was published on Wednesday, September 12, 2007 6:41 PM CDT in News

By Ron Wood
THE MORNING NEWS

FAYETTEVILLE -- A jury will sort out claims in a woman's lawsuit over raw sewage spilling on her Fayetteville property.

Jeanny Romine sued Fayetteville in 2005, accusing the city of damaging her property on Trenton Boulevard. Sewage was seeping onto the property as a result of faulty sewer lines in 1998, leading to environmental damage, the suit alleges.

Circuit Judge Mary Ann Gunn denied motions Wednesday to dismiss David Jurgens, city water-wastewater director, from the lawsuit. Jurgens had argued he had immunity from the suit, the statute of limitation had run out and he was not properly served with the lawsuit.

Gunn said there are facts in dispute about whether Jurgens' actions in dealing with Romine were malicious, intentional or showed conscious disregard. Jurgens said they weren't.

Gunn said the statute of limitation didn't start to run until Romine discovered permanent damage on her property in 2004, not in 1997 or 1998 when the leak was discovered.

The sewer system was repaired in 2005, shortly after Romine sued the city.

The suit includes a condemnation claim along with claims for of assault and battery, civil rights violations and outrage.

Romine also alleges that exposure to the sewage and mold may have caused her and a seeing-eye dog to develop cancer.

Gunn previously dismissed a portion of Romine's lawsuit accusing the city of negligence in allowing the sewer system to flood her property.

The suit also names several adjacent property owners.

Trial is set for Sept. 25.