Saturday, September 23, 2023
Courthouse News Service
Saturday, September 23, 2023 | Back issues
Courthouse News Service Courthouse News Service

Tsunami of Stinky Sewage Destroys Home

MARIETTA, Ga. (CN) - A "geyser-like eruption of raw sewage" destroyed a house as Marietta, Ga. blew out its decrepit sewer lines with high pressure water, the homeowner claims in court.

Mike Nelson owns a 1958 ranch-style home in Marietta, according to his lawsuit against the city in Cobb County State Court.

Marietta, which controls its sanitation system, failed to maintain and repair its sewer lines near his home, and a tsunami of raw sewage ruined his home in April 2012, Nelson says.

"On or about April 2-11, 2012, a tsunami of raw sewage that was black and had a foul, septic odor containing fecal matter erupted from the City of Marietta's sewage system through a toilet in the Nelson property bathroom flooding and destroying plaintiff's property," the complaint states.

"By reason and belief, the violent geyser-like eruption of raw sewage from the City of Marietta's sewer system was caused by the city's use of high velocity streams of water (known as 'hydrojet'). The city routinely uses the hydrojet process to clear sewer line blockages and [it] was used in the sewer lines proximate to the Nelson property.

"Damage caused by the contamination of raw sewage from the city's sewer system extended throughout all the hardwood floors, baseboards, dry wall, and fixtures in contact with the flooring. The extensive raw sewage penetrated all surface areas, destroying hardwood floors, baseboards, dry wall, and exposed surfaces throughout the Nelson property.

"Due to the contamination of the Nelson property by the raw sewage and fecal matter, the premises of the Nelson property became immediately uninhabitable and unsafe for any and all uses."

Nelson says his house needed - pardon the expression - a shitload of decontamination.

He claims the city acknowledged it was liable for the flooding by paying for some of it, but refused to finish the remediation job or compensate him in full.

He claims the city knew about the longstanding defects in its sewage system, including previous overflows in his neighborhood, but failed to address it.

The Georgia Environmental Protection Division fined the city several times in 2012 for sewage spills.

Nelson seeks damages for nuisance and loss of use, and attorneys' fees.

He is represented by Jason Nohr with Cauthorn Nohr & Owen.

Representatives for Mayor Steve Tumlin did not immediately respond to a request for comment.

Categories / Uncategorized

Read the Top 8

Sign up for the Top 8, a roundup of the day's top stories delivered directly to your inbox Monday through Friday.