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CALABRESE v. CITY OF CHARLESTON

No. 25430.

515 S.E.2d 814 (1999)

204 W.Va. 651

William Joseph CALABRESE and Debra Calabrese, Plaintiffs, v. The CITY OF CHARLESTON, a municipal corporation, Defendant.

Supreme Court of Appeals of West Virginia.

Decided May 13, 1999.

Attorney(s) appearing for the Case

Michael J. Del Giudice, Esq., Ciccarello, Del Giudice & LaFon, Charleston, West Virginia, Attorney for Plaintiffs.

G. Kenneth Robertson, Esq., Brian D. Morrison, Esq., Shuman, Annand, Bailey, Wyant & Earles, Charleston, West Virginia, Attorneys for Defendant.

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.

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