Friday, April 27, 2007

Missouri Woman Awarded $400,000 For Being Forced Out Of Her Home

A Missouri woman who was, in effect, forced out of her home of over 30 years as a result of her municipality's failure to correct a city sewage system that caused continued and substantial sewage backup into her home, was awarded approximately $400,000 in damages and interest from the City of Oak Grove, Missouri.

Reportedly, her home was subjected to over a dozen incidents of significant sewage backup over at least a twelve year period beginning in 1992 theough at least 2004, with the incidents increasing in frequency over the tail end of the 12 year period. Each time, she reported the incident to Oak Grove officials without receiving any relief from this pattern of flooding from them.

According to the court decision:
  • "During this time, the homeowner began to experience headaches, nausea, bronchitis, and trouble breathing from continuous congestion. Her symptoms began as early as 1999 but became markedly worse in 2001. Her doctor prescribed rounds of antibiotics. In 2003, Collier met with Dr. Kanarak, an allergist, who informed her home was infested with mold and her health complaints likely arose from her exposure to the environmental mold. He recommended that she should move out of her home. Collier was reluctant to leave her home of thirty years; but after she was hospitalized in August 2004, she agreed to leave. The allergist recommended that she leave everything in her home to avoid contaminating another environment and that she would likely need to discard everything in her home. He told her to wear a mask and gloves if she ever went into the house."
In prevailing in her lawsuit against the City of Oak Grove, she was awarded $200,000 on her claim of inverse condemnation, $60,000 in personal injury damages, and over $139,000 in interest.

The homeowner was represented by attorney Bill Carr, Law Offices of William Lewis Carr, Kansas City, Missouri.

Source:

Donna Collier v. City of Oak Grove, Missouri (Mo. App. Ct., W.Dist., April 24, 2007) with an assist from MoreLaw.com.
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