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Business sues borough, contractor

Maddalon Jewelers owner Joe Maddalon shows damage to his alarm system that his lawsuit claims was the result of flooding that began after nearby work done by a contractor for Zelienople Borough.
Lawsuit says work led to flooding

ZELIENOPLE — The owner of Maddalon Jewelers is suing the borough and a contractor it hired in 2016 for damages to his building.

Joe Maddalon, owner of Maddalon Jewelers, 107 S. Main St., is seeking up to $35,000 in damages from the borough and Terra Works Inc., a contractor it hired in 2016. The suit claims construction on the parking lot behind the Kaufman House at 105 S. Main St., caused his basement to flood.

The floodwater came in October 2016, about a month after Terra Works removed the paved driveway between the Kaufman House and Maddalon Jewelers.

“We've been here for 25 years and never had water problems because that was a driveway,” said Dave Maddalon, sales specialist at Maddalon Jewelers and Joe Maddalon's son. “So when it rained, the water would hit it and just fly out into the road.”

With the protection provided by the driveway gone, the Maddalons believe it was only a matter of time before flooding became a problem.

“We had a drought that summer and fall. Then one night it rained two inches, sat in the trench and came flooding into the basement,” Dave Maddalon said.

The flooding allegedly did tens of thousands of dollars worth of damage according to a civil complaint filed by Maddalon, including nearly $14,000 for restoration services, nearly $10,000 to replace carpet and thousands more in damage to property.

“It wiped out my alarm system, lock boxes and a ton of paperwork,” said Joe Maddalon. “I went to the borough and the borough said 'just take care of it and we'll take care of you.'”

Additionally, the Maddalons found that their insurance doesn't cover damage caused by exposure from nearby construction.

The borough took steps to prevent future flooding, putting tarps and walkways over the former driveway, though Joe Maddalon says they still have occasional leaks.

Maddalon has yet to be reimbursed for the damages.“I went to the borough and said 'you're going to pay these bills, aren't you?' and they said you're going to have to sue us,” Joe Maddalon said. “It's been 18 months and nobody's paid nobody.”Borough Manager Don Pepe said there is no animosity between the borough and Maddalon, and that Zelienople has supported his claim against Terra Works.“I totally understand his situation and encouraged him to file because that's the only way to get this moving,” Pepe said. “I hope that its resolved in his favor, I really do.”Representatives from Terra Works did not return calls seeking comment.No matter the verdict, Maddalon said this will cost him, as any money received through the suit will go to covering the cost of repair and restoration.“When you sue a municipality, you can't collect attorney's fees,” said Joe Maddalon. “So I'm out of pocket ($7,000) already.”

Maddalon Jewelers has filed suit against Zelienople Borough and a contractor over work done near the business. The suit claims the work caused the building to flood.

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