Negligent Stormwater Management Costs New Jersey Borough $21.8 Million in Flood-damaged Properties

CAMDEN COUNTY, New Jersey – A jury has reached a verdict in a lawsuit alleging that negligent stormwater management by the Borough of Haddonfield resulted in severe flooding and damage to four houses. The plaintiffs, who owned the affected properties, claimed that a storm on June 20, 2019, caused backups in the borough’s stormwater management system, leading to flooding and contamination.

The jury’s unanimous decision, which awarded $21.8 million in damages, serves as a warning to municipal officials who may prioritize flashy investments over essential infrastructure like stormwater management. According to Robert D. Sokolove, the plaintiffs’ lawyer, this verdict highlights the importance of investing in less visible but critical aspects of public service.

During the trial, Sokolove presented a visual aid to the jury using green Monopoly houses and a paper hot dog tray from the court’s cafeteria. This demonstration helped the jury understand the impact of the flooding on the plaintiffs’ homes.

Although the damaged homes have been cleaned and repaired, the lingering stench of sewage remains. Furthermore, a real estate expert testified that the properties are not marketable, adding to the plaintiffs’ claims of lasting damage.

The lawsuit also alleged that Haddonfield officials neglected to perform proper monitoring, maintenance, inspection, and cleaning of the stormwater management system. Additionally, the borough’s lack of retention basins to control stormwater flow during major storms was brought to light during the trial.

Haddonfield, on the other hand, argued that the 2019 flood was an unusually severe event and that the plaintiffs’ properties were already vulnerable due to their low-lying location.

The jury’s decision reflects their belief that Haddonfield’s stormwater management was a hazardous condition that directly caused the damages suffered by the plaintiffs. Sokolove stated that the borough’s actions or lack thereof in protecting against such conditions were deemed unreasonable.

Throughout the trial, Sokolove and his colleague, Jennifer Hiller-Nimeroff, presented compelling evidence on behalf of the plaintiffs. This included a memo written in 1994 by Joseph Keating, who served as Haddonfield’s director of public works at the time. The memo expressed concerns about the area where the plaintiffs’ houses were located and advocated for steps to mitigate the risk of flooding.

The jury’s award of $1.9 million in economic damages for private property and an additional $16.5 million for quality of life and other non-economic damages reflects the significant impact on the plaintiffs’ lives. Charles Weber, one of the affected homeowners, built his house himself and lived there for most of his life. After the flood, Weber, who was in his 80s and confined to a wheelchair, was forced to leave his home and reside in a nursing home. Tragically, he later passed away from COVID-19.

This verdict serves as a reminder that municipalities must prioritize critical infrastructure needs, even if they are not immediately visible or politically advantageous. Failure to address these essential investments can result in severe consequences for the community and its residents.