Heavy rain washed out a construction site off Hawthorne Avenue in Derby in September 2018.
DERBY — A lawsuit triggered by a mudslide in west Derby is over, according to a lawyer representing the plaintiffs.
“What I can tell you is that the parties reached an agreement to resolve the matter to their mutual satisfaction. Beyond that statement I cannot comment any further,” said Peter A. Berdon, a lawyer with Berdon, Young & Margolis in New Haven.
Berdon represented a dozen property owners who filed a lawsuit against Derby, engineering companies, three construction companies and others in 2019, a year after a September 2018 rainstorm caused mud, water and rocks to cascade from a city/school district construction project.
The lawsuit alleged that the incident caused damage in excess of $350,000 to the neighborhood.
The project was the construction of the new, multi-use, public athletic complex behind Derby Middle School off Chatfield Street. The lawsuit alleged that part of the construction site had terrible erosion control measures, a fact that allowed a river of mud to travel downhill and into houses on Hawthorne Avenue, E Street, Park Avenue and Chatfield Street.
Houses were damaged, finished basements were full of mud, and a private drainage system on E Street was ruined, according to neighbors.
After the incident, the construction and engineering companies pointed fingers at each other and an army of insurance companies got tangled up in court.
The state’s judicial website shows the lawsuit as withdrawn. Presumably there was a settlement out of court, but details aren’t being shared with the public.
Berdon would not comment on money, only saying all parties were satisfied with the resolution.
Your Right To Know?
The Valley Indy was unable to determine whether the City of Derby or its insurance company paid out to settle the lawsuit. Such information is public, according to state law.
Derby Corporation Counsel Richard Buturla said he wasn’t corporation counsel when the lawsuit was pending so he had no information.
Buturla suggested The Valley Indy contact the attorney of record for the city, as listed on the lawsuit.
That lawyer is Ryan McKone, who didn’t return an email seeking comment.
The Valley Indy also reached out to a former corporation counsel, who noted the lawsuit was handled by a lawyer for an insurance company.
The Valley Indy copied Mayor Joseph DiMartino on emails sent to the lawyers starting on Jan. 17.
The lawsuit was scheduled to be discussed by the Board of Aldermen & Alderwomen during a meeting on Sept. 14, 2023. However, that meeting was canceled, and the matter did not get listed on any other BOA/A agenda posted to the city’s website.
The plaintiffs in the lawsuit were: Joann Welsh, Edward Larsen, John Fitzgerald, Jean Fitzgerald, John Netto, Thomas McEvoy, Jr., Thomas McEvoy III, Donna McEvoy, Michelle DiCapua, James McEvoy, Rita McEvoy and Joey Ann Liquigly.
They own or have an interest in 12 properties on E Street, Hawthorne Avenue, Park Avenue, and Chatfield Street.
