Construction at Pizza Hut causes flooding, suit claims

Kyle Barnett Dec. 4, 2012, 12:28am

F. Gerald Maples

GRETNA – Two homeowners are suing a number of defendants for allegedly causing a water line to break near their homes which flooded their property and caused damage.

Maximillian Schott and Stephen Walker filed suit against Advanced Building Specialties, Inc., FCCI Insurance Group, Southern Solutions Land Management, LLC, Scottsdale Insurance Company, Pizza Hut, Inc. and the City of Kenner in the 24th Judicial District Court on Oct. 18.

Schott and Walker claim that Pizza Hut located at W. Esplanade Avenue and Loyola Drive in Kenner contracted builders to construct a grease pit in front of the business and that while doing so they struck a water main and flooded the area surrounding the business including their homes. The plaintiffs allege water pumped into their properties unabated for three hours resulting in significant flooding and oil and by-products from the street to be displaced into their property in addition to landscaping and grass being destroyed.

The defendant is accused of failing to properly instruct the sub-contractor to maintain the project, failing to properly enforce or enact a reasonable plan by the sub-contractor, failing to provide sub-contractor with necessary equipment, failing to provide the sub-contractor with the knowledge and use of equipment or machinery that could have prevented water line breakage and failing to instruct or provide industry-accepted practices and procedures.

An unspecified amount in damages is sought for loss of use of property, diminution in property value, clean-up or remediation expenses, mental anguish and emotional distress and fear of illness or disease.

Schott and Walker are represented by New Orleans-based attorney F. Gerald Maples.

The case has been assigned to Division M Judge Henry G. Sullivan, Jr.

Case no. 720-287.

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