Business owners sue Winthrop over culvert collapse [Kennebec Journal, Augusta, Maine]

Nov. 29--AUGUSTA -- Owners of IRONX, a Winthrop business, are suing the town and former town manager Cornell Knight saying they are owed damages that occurred when a culvert between two lakes collapsed in late 2009 and flooded their storage premises.

Terrilyn Simpson and Stephen Weston, both of Winthrop, filed the lawsuit through attorneys Brian Condon and John C. Walker last month in Kennebec County Superior Court. It follows a notice of claim they sent to the town Feb. 15, 2010.

The case is in the discovery phase -- which ends in July -- and has been assigned to Justice Nancy Mills.

The complaint says town officials knew of the crumbling condition of the culvert which carries water between Little Cobbosseecontee and Cobbosseecontee in East Winthrop, and that the town and Knight failed to respond to their complaints prior to the culvert failure.

The flooding, the complaint said, occurred between Dec. 21 and Dec. 29, 2009, and ruined IRONX property, including "priceless antiques and other artifacts and personal property, including antique wood inventory" owned by Simpson and Weston.

The complaint also says the foundation, floor, shelving and electrical system are covered with mold.

Simpson and Weston seek damages and attorneys' fees.

The town and Knight, represented by attorneys Mark Franco and Jason Donovan, filed a response with the court rejecting the claim and saying neither the town nor Knight is responsible.

Franco said Simpson and Weston submitted a claim to their insurance carrier, and the carrier paid the claim and now is seeking to recover the money.

"They have to prove their case as if there was no insurance involved," Franco said.

The culvert under Turtle Run Road was repaired a year ago.

In a series of defenses, they say Simpson and Weston failed to mitigate damages and that the town and Knight are immune from any liability under the Maine Tort Claims Act.

In January 2010, Simpson complained at a town council meeting about Knight's handling of her complaint when she reported her basement flooded after the culvert collapsed.

Simpson said 4 feet of water in the basement of her building, formerly owned by the Augusta Water District, damaged items stored there.

She told them Knight suggested she contact her insurance company.

"I told her the town is not responsible for backed up culverts and catch basins which overflow," Knight told councilors at that meeting.

IRONX is a limited liability company formed in December 2001, according to state records.

Betty Adams -- 621-5631 badams@centralmaine.com

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