Willowick ‘not immune’ in sewer claim

The city of Willowick is not entitled to political subdivision immunity in a resident’s pending negligence lawsuit accusing city officials of failing to properly maintain Willowick’s sewer system, according to a recent decision by the 11th District Court of Appeals.

The original plaintiff, Micasa Court resident Dominic Trinetti, filed a lawsuit in July 2013, on behalf of himself and others, claiming about 200 Willowick homes flooded with sewage, pollutants, water, feces, dirt, debris and noxious odors repeatedly since June 2010.

After that lawsuit was withdrawn, Ronald Drive resident Kimberley Ragazzo filed a similar case on behalf of any Willowick citizen who suffered damages following a July 20, 2013, rainstorm.

Last year, Lake County Common Pleas Judge Vincent A. Culotta dismissed Ragazzo’s trespassing and nuisance claims.

Willowick officials argued that the city cannot be held liable on the remaining claim alleging negligent maintenance of the sewer system because as a political entity, the city is entitled to general immunity.

However, Culotta found it was too soon in the proceedings to decide the immunity issue.

“Ohio courts have long recognized that a city can be held liable for the negligent maintenance of its sewers,” Culotta stated in his 2017 judgment entry.

In a 3-0 opinion, an appellate panel found Culotta did not err by finding the city was not immune from Ragazzo’s negligence claim.

The city argued Ragazzo’s complaint must be dismissed because she failed to allege the specific cause of the 2010 backup, that she was affected by that backup and whether the problems with the sewer system in 2010 had anything to do with the 2013 backup.

“Contrary to the city’s argument, Ms. Ragazzo alleged sufficient facts to support her claim and to defeat the city’s immunity defense,” 11th District Judge Cynthia Westcott Rice wrote. “... The complaint and Council’s (meeting) minutes ... provide facts regarding at least three different potential causes of

“Contrary to the city’s argument, Ms. Ragazzo alleged sufficient facts to support her claim and to defeat the city’s immunity defense.” — 11th District Judge Cynthia Westcott Rice

the 2010 backup, i.e. calcification in the sewer lines, bricks falling and blocking the sewers, and collapsed sewers. The city engineer said the calcification blockage might have been the cause of the sewer backup on Willowick Drive. The mayor himself acknowledged the serious nature of the problems with the sewer system by saying that, ‘The city is now at the point where they cannot fix the sewers.’

“... The city ignores Ms. Ragazzo’s allegations that city officials remained concerned about the condition and maintenance of the sewer lines throughout 2011 and that, despite these ongoing concerns, the city failed to repair the sewers, resulting in the 2013 backup.”

Appellate Judges Thomas R. Wright and Diane V. Grendell concurred with Rice’s opinion.

Raggazzo is seeking a jury trial, unspecified damages, fees and expenses.

Culotta’s next step in the case is to determine whether it will be certified as a class-action lawsuit.

A similar negligence claim without class action allegations, filed by Crescent Drive resident Ronald Abramezyk in 2015, remains pending in Lake County Common Pleas Court.