FRESNO - The parents of two Fresno County children are suing the Floyd Johnston Construction Company, Inc., (FJC) and Wilson Homes, Inc., alleging pain and suffering related to flooding of their home created by negligence.
The suit was filed by attorney Melvin C. Belli on behalf of plaintiff guardians-ad-litem Jayson and Jaime Zarcone in the Fresno County Superior Court, according to court documents.
The suit alleges that FJC was engaged in improvements to a bridge over the Could Irrigation Canal across the street from the Zarcone home on North Locan Lane. The suit alleges FJC had been retained for the project by Wilson Homes.
The suit alleges that, despite a permit requirement for FJC to staff bypass pumps at a cofferdam erected in the canal for the project, FJC failed to do so. It is also alleged that the Fresno Irrigation District notified FJC of a release of water into the canal, and that FJC failed to respond by staffing the bypass pumps.
The water is alleged to have backed up at the cofferdam, leading to the flooding of the Zarcone home and entire property with “natural, untreated and unfiltered” water.
The Zarcones are seeking general damages for pain, suffering and emotional distress, as well as fees, costs and interest.