Sean C. Morgan
Of The New Era
The city of Sweet Home agreed to pay Bob and Bettie Sue Ratter $87,502.13 to settle a lawsuit over a sewer backup into their home on Dec. 26, 2000.
The Ratters sued the city after a clean-up company filed suit against the Ratters. Harthun Construction, doing business as Purofirst of the Willamette Valley, sued the Ratters for payment in 2001. The Ratters responded by filing a counterclaim against Purofirst and claims against Sweet Home in 2002.
The Ratters claimed that Purofirst failed to perform the cleanup according to industry standards and was not entitled to payment.
The Ratters alleged that Purofirst breached its contract by failing to properly store and clean the Ratters’ personal property in the appropriate type of container, failing to dry personal property before storing it and failing to follow generally accepted methods for cleaning up spills of this nature. This resulted in additional costs and the destruction and loss of some of the Ratters’ personal property, a value of at least $50,000.
The Ratters also claimed that Purofirst failed to use reasonable care handling the Ratters’ real and personal property. Purofirst allegedly used dirty storage boxes and containers, exacerbating the damage.
The Ratters sued the city for negligently operating its sewage system and allowing it to back up into their home. As a direct result, they claimed, they suffered damages of at least $160,000. Further, they were exposed to noxious substances and suffered physical illness, anxiety and loss of the use of their home.
Also involved in litigation with the Ratters are Cooper Construction Company, which finished the cleanup, and Washington Oregon Claims Service, Inc.
The additional litigation is in various states of resolution.
In the settlement agreement between the Ratters and Sweet Home, the city did not admit any legal liability. The city agreed to pay $70,000. It already had paid $17,502.13 toward costs associated with the cleanup.
Of the settlement, $50,000 is in relation to property damage, according to the settlement agreement.
The settlement is held in trust pending the outcome of the lawsuits.
The City Council met and approved the settlement on March 28.