Calabrese v. City of Charleston

STARCHER, Chief Justice:

In this decision, we address certified questions from the Circuit Court of Kanawha County. We agree with the circuit court’s determination that a Charleston couple may proceed in a lawsuit in which they claim that their basement was repeatedly flooded because of the City of Charleston’s alleged failure to use due care in the operation and maintenance of the City’s sewer system.

I

Facts and Background

The instant case involves a claim of immunity made by the City of Charleston, West Virginia (“the City”) in a lawsuit in the Circuit Court of Kanawha County. The lawsuit was…