Plaintiffs v Milford Water Co.
Class Action Lawsuit Filed Against Milford Water Co.
The Milford Water Co. will now be fighting a class action lawsuit over the town's drinking water crisis.
Attorney Jim O'Connor, filed suit in Worcester Superior Court on behalf of seven residents, including: Paul and Bethany Bennett; Jameson Mello, Julie Garny and their daughter Lucy Mello; and George and Elizabeth Marotta.
The complaint alleges negligence, gross negligence, breach of contract, breach of warranties and unjust enrichment by the private utility in connection with August's 13-day boil-water order. According to the complaint, the plaintiffs suffered diarrhea and stomach cramps - known symptoms of E. coli bacteria contamination - during the week of Aug. 5 and after; had property damage including to their household plumbing equipment, water filters and appliances; had higher electricity bills due to the boil order; and were faced with other extraordinary costs.
The plaintiffs are seeking damages for their personal injuries, a permanent injunction against the Water Co. and appointment of a "special master" to oversee day-to-day operations and protect public safety as it rebounds from the crisis.
Among its requests, the plaintiffs are seeking damages in an amount to be determined by a judge; attorneys' fees and costs; and abatement for all customers for their expenses, including for buying water, repairing or replacing filters and appliances.
The requested permanent injunction would prevent the company from seeking a rate hike to pay to fight the lawsuit.
The plaintiffs are represented the firm of Nickless and Phillips, another Fitchburg law firm, Bonville & Howard, and the Wilmington law firm of Altman & Altman.
For more information please contact:
Jim O'Connor
Nickless and Phillips
495 Main Street
Fitchburg, MA 01420-8047
Phone: (978) 342-4590
Fax: (978) 343-6383
