LYNN – Lynn Water and Sewer Commission is being sued for $150,000 in damages by a Saugus woman who says her mobile home and personal property was flooded with water after a valve was opened in the dam to Walden Pond in May 2006.Kelly A. Duff, of 104 Broadway, Unit #11, Saugus, filed the three-count court action in Salem Superior Court this week charging the Lynn Water and Sewer Commission, located at 400 Parkland Ave., in Lynn, with negligence, negligent trespassing and nuisance.According to the complaint, on or about May 15, 2006, during a period of high rainfall, the LWSC flooded her property by opening a valve located in the dam to Walden Pond, causing a massive amount of water to flood the immediate area to the south and the surrounding area below and beneath the dam site.Attorney George O. Gregson, acting on behalf of Duff, says the drainage system had not been adequately constructed, maintained or serviced by the LWSC, thus allowing the drainage system to be inundated by an overflow.He further argues that the flaws and defects with the culverts, pipes and spillways have been associated with the dam drainage system and site as early as 1995.As a result of the incident, Duff was required to seek alternative housing, make inspection and repairs to the foundations and walls of her mobile home, replace personal property and effects and suffered anxiety and distress, the complaint states.Gregson contends the LWSC acted “recklessly, knowingly and negligent” in their alleged oversight.He seeks $50,000 for each of the three counts filed.A trial before a jury is requested from the court.Gregson also wants a judge to order the LWSC not to further discharge water from the Walden Pond dam outlet until such time improvements and repairs have been conducted in association with the drainage system.
