Fresno man claims raw sewage damaged property, files suit against city

By Noddy A. Fernandez | May 16, 2017

FRESNO – A Fresno resident has filed a suit against the city over alleged damages after raw sewage flooded his property.

Herbert Sandoval and Does 1 through 100 filed a complaint on April 21 in the Fresno County Superior Court against the city of Fresno and Does 1 through 100 alleging inverse condemnation, negligence and nuisance.

According to the complaint, on Feb. 16, 2016, Sandoval reported to the city that raw sewage was coming into his home through the toilet and bath tub. The suit states the city came to the property with three large trucks and attempted to unclog the sewer main, but the raw sewage had flooded the property, causing extensive damage to the property and airborne virus contamination. 

As a result of the virus, Sandoval alleges he become very ill and was admitted to the hospital for period of six weeks and received two surgeries. 

The plaintiffs holds city of Fresno and Does 1 through 100 responsible because the defendants allegedly have deprived plaintiff of his property and has taken away the use of his property; failed to compensate the plaintiff for the damages caused; and failed to inspect, maintain, repair, or improve the property and sanitary sewer system.

The plaintiff seeks judgment for special and general damages, costs, attorneys' fees, and for such other and further relief as the court may deems just and proper. He is represented by Tiffany A. Smith Henson of Law Offices of Tiffany A. Smith Henson in Visalia.

Fresno County Superior Court Case number 17CECG01355

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