Local businesses lose flood lawsuit against the city

A Richmond judge has killed a lawsuit seeking $31.65 million for 19 businesses in the Shockoe Bottom neighborhood that claimed flooding from the remnants of Tropical Storm Gaston was the fault of the city’s inept operation of its sewers and negligent maintenance over decades.

Richmond Circuit Judge Richard D. Taylor Jr. said the city of Richmond, which was the lone defendant, was immune from liability because it was performing legitimate functions as a municipal government.

The suit was seeking at least $25 million in damages for the firms and $350,000 in punitive damages for each of the 19.

The 19 plaintiffs included;Bottoms Up Pizza, River City Diner, Havana ’59, City Inc., O’Brienstein’s Inc., 17.5 Uncommon Café, Kathy Emerson, 17th & Shockoe LLC, Cary & Shockoe LLC, Market Slip Commercial LP, Railroad Y LLC, 1705 East Main Street Associates, Jackson Warehouse, S&S Construction, Main Street Realty Inc., Historic Housing LLC, Pine Alley Lofts LP, SWA Construction Inc. and Sky Management Inc.