WASA agrees to compensate St Joseph couple for leaking waterline

THE Water and Sewerage Authority has agreed to compensate a St Joseph couple for the damage to their home caused by a leaking waterline under the authority’s management.

In a partial compromise resolving most of the dispute, WASA agreed to pay $279,102.77 to Mary and Vibert Stephens, of North Street, St Joseph.
However, the couple intends to appeal Justice Jacqueline Wilson’s finding on rental income for the damage to their home – a three-storey apartment building they built to supplement their income and have a place to stay when in Trinidad and Tobago, since they are also US citizens and live in New York.

The Stephenses sued WASA for negligence, nuisance and breach of statutory duty.

The parties agreed to a settlement, leaving the loss of rental income for four unfinished ground-floor apartments for trial.

Wilson ruled against the couple. She held they did not prove their entitlement to the $192,000 sought.

In their lawsuit, the Stephenses said on July 25, 2017, they saw continuous water leakage from weeping holes in the retaining walls, leading to flooding in the yard. This was traced to a defective WASA pipeline connection extending from the authority’s main line into the property.

Their lawsuit said no immediate action was taken despite reporting the issue as urgent to WASA’s complaints department.
A day after a WASA crew inspected the waterline, on July 26, 2017, the leak intensified, causing the collapse of the concrete tank stand and retaining walls. The destruction led to extensive property damage, including the loss of water tanks and structural integrity.

The lawsuit said WASA only addressed the leak on July 27, 2017, after intervention from a tenant.

The couple contended that WASA failed to inspect, maintain, and repair pipelines; had installed defective connections; neglected to promptly address the leak when reported; and breached its statutory duty under the Water and Sewerage Act. Their lawsuit, filed in 2023, contained detailed evidence, including geotechnical assessments, repair estimates and correspondence with WASA.

The Stephenses sought general damages, $284,550 in special damages for repairs and loss rental, additional costs and interest.

WASA also agreed to pay $49,410.28 in costs. From that sum, the couple will pay WASA $16,200 for losing their claim for loss of rental.

Yaseen Ahmed and Tara Lutchman represented the Stephenses and Christlyn Moore represented WASA.